Preemption v. Plausibility: Will There Be More or Fewer Successful Consumer...
Products Liability Law360 ran a piece this week entitled “Suits Over Deceptive Food Marketing Likely To Increase” (unfortunately, this is a subscription-only site) authored by Liz McKenzie. The article...
View ArticleCourt’s Decision on CR 12(b)(6) Motion In Zupnik: FFDCA Preemption Under...
We previously cited the motion to dismiss in Zupnik, et al. v. Tropicana Products, Inc. as an example of good pleading practice in a putative consumer fraud class case. United States District Judge...
View ArticleDifficult Week for the Food Industry (Good Week for the Plaintiffs’ Bar): HVP...
The week of March 1 saw a double whammy hit food manufacturers. I. Open Letter to Industry on Marketing Claims First, on March 3, FDA sent warning letters to 16 food manufacturers concerning their...
View ArticleNinth Circuit Approves California Ban on Slaughtering Nonambulatory Animals...
Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals may be the best-known lower court judge in the United States. He has wide-ranging tastes and accomplishments. Nearly every lawyer has a...
View ArticleDenial of Insurance for Consumer Fraud/Lanham Act Claims: Blaming the...
UPDATE: For those interested in reviewing the Axis policy discussed in the motion, it can be linked here. I’m often asked in my practice about the availability of insurance coverage for claims by...
View ArticleAurora Dairy Organic Milk Case: Eighth Circuit Preempts Some Claims And...
As we reported some time ago, a class action suit was pending in the Eastern District of Missouri against Aurora Dairy, its organic certifier and certain retailers for violation of state consumer...
View ArticleFront of Package Labeling Claims Survive Motion to Dismiss
A recent decision held that Front of Package (”FOP”) labeling claims may not (yet) be subject to federal preemption. The decision in a putative class action, Chacanaca v. The Quaker Oats Company,...
View ArticleStrategies to Defeat Putative Class Claims Challenging Labeling and Marketing...
April 8, 2011 – Scott Rickman from Del Monte, Lara White from Adams and Reese, and I will be talking at the Defense Research Institute (DRI) food law break-out. This event is held in conjunction with...
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Is Soy Milk to Milk as E-Books are to Books?
I don’t think we need a lot of scientific research to determine why people drink soy milk, almond milk and coconut milk. I’ll save some time and list them, not in any particular order: They are...
View ArticleConstitutionality of Vermont’s Recently Enacted GMO Labeling Law Challenged
In a lawsuit filed yesterday, June 12, 2014, in United States District Court for the District of Vermont, four national trade associations representing food producers and manufacturers sued the state...
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