Class Dismissed

March 17, 2016 - False Advertising, Food Misbranding
Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case
On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican heat-and-serve meat and poultry products. Del Real LLC v. Kamala D. Harris
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February 15, 2016 - FDA, Food Misbranding, Retail
Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims
We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with “evaporated cane juice” (ECJ). But—with most courts in this District staying ECJ cases
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January 12, 2016 - False Advertising, Class Certification, Food Misbranding
Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing
On January 5, 2016, in Torrent v. Yakult U.S.A., Inc. , U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and advertising claims. The Court found that
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December 10, 2015 - False Advertising, Food Misbranding, Retail
California Supreme Court Opens the Door to Organic Mislabeling Claims
By: Claudia M. Vetesi
Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc. , No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may bring state law fraud and
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December 04, 2015 - False Advertising, Food Misbranding
Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims
On December 2, 2015, Judge Vince Chhabria of the Northern District of California dismissed with prejudice claims that grocery retailer Trader Joe’s violated California’s Unfair Competition Law (UCL) by using the term “soymilk” to describe certain food products that did not have cow’s milk.
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November 24, 2015 - False Advertising, Food Misbranding
Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case
In Gyorke-Takatri v. Nestle USA, Inc ., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible evidence supporting the jurisdictional basis for removal.
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November 12, 2015 - False Advertising, FDA, Food Misbranding
FDA Requests Public Comments on “Natural” Food Labeling
By: Claudia M. Vetesi and William F. Tarantino
On November 10, the federal Food and Drug Administration (FDA) announced that it is seeking public comments on use of the term “natural” on food labeling. FDA, “Natural” on Food Labeling (Nov. 10, 2015). The agency explained that its actions were prompted by the
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November 10, 2015 - False Advertising, Food Misbranding, Retail
Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit
An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed them to mimic Keurig’s “K-Cups” that yield fresh coffee—but
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November 05, 2015 - False Advertising, Food Misbranding
False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed
By: Alexis A. Amezcua
On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum Organics , Case No. C 15-02568, the putative
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September 08, 2015 - False Advertising, Food Misbranding
“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases
By: Claudia M. Vetesi
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs present a damages model tied to their theory of
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Topic Archives: Food Misbranding

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

California Supreme Court Opens the Door to Organic Mislabeling Claims

By: Claudia M. Vetesi

Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims

Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case

FDA Requests Public Comments on “Natural” Food Labeling

By: Claudia M. Vetesi and William F. Tarantino

Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

By: Alexis A. Amezcua

“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases

By: Claudia M. Vetesi