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GMOs Provide Ample Targets for Food Labeling Class Actions
Two recent district court decisions denying motions to dismiss in food labeling putative class actions demonstrate how plaintiffs’ counsel will use the presence of genetically modified crops as a basis...
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A Motion to Dismiss Victory Regarding “All Natural” Food Labeling Claims
Food labeling class actions continue to plague food manufacturers and retailers, with the Northern District of California being the favored forum for these claims. Indeed, in The New Lawsuit...
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Losing Preemption in a Labeling Class Action but Thinking About Winning Down...
A recent federal court decision rejected a preemption argument under the Food, Drug, and Cosmetic Act and the Nutrition Labeling and Education Act regarding Smart Balance “fat-free” milks. Admittedly,...
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Another Class Certification Victory for “All Natural” Food Labeling Defendants
A recent decision from the Northern District of California provides defendants with reason for cautious optimism regarding food labeling class actions. In Sethavanish v. ZonePerfect Nutrition Co., No....
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Has Your Food Labeling Plaintiff Pleaded Himself Out of Court?
Two recent district court decisions emphasize that food labeling class action defendants must carefully review complaints to identify what each named plaintiff contends it reviewed and whether the...
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The Eleventh Circuit Bolsters Defense Arguments Based on RICO’s Direct...
Recently, the Eleventh Circuit issued an opinion that stands to be very useful to RICO defendants at the motion to dismiss stage. Undoubtedly, plaintiffs will argue that the decision is limited to RICO...
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The Need for Actual Reliance for Food Labeling Claims Under the “Unlawful”...
The tide seems to be turning in favor of food labeling class action defendants with respect to the “unlawful” prong of California’s Unfair Competition Law. The UCL provides consumers with a claim for...
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Defeating Class Certification in Food Labeling Class Actions
In postings in September 2013 and February 2014, I discussed tactics for opposing class certification in food labeling class actions. These tactics included relying on the Supreme Court’s opinion in...
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Using Expert Testimony and Survey Data to Defeat Consumer Class Actions
A recent decision denying class certification in a cosmetics labeling action provides a useful roadmap for defendants in consumer products labeling class actions. These particular defendants used...
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Class Certification in Food Labeling Class Actions Gets Messy In the “Food...
Three recent decisions from two judges in the Northern District of California provide us with a lot of information regarding where food labeling cases are headed in terms of class certification...
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Ascertainability Is Gaining Traction in the Ninth Circuit as a Requirement...
Defendants often raise ascertainability when opposing class certification in food, beverage, and personal care products labeling litigation. District courts in the Ninth Circuit, however, sometimes...
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More Obstacles for Food Labeling Class Actions
The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in...
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Food and Beverage Manufacturing Processes as the Bases for Consumer Class...
Recent food labeling class actions suggest that plaintiffs’ counsel are broadening the scope of these types of claims. Of course, we are familiar with the more typical food labeling class actions,...
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Recovering E-Discovery Expenses as Taxable Costs in the Ninth Circuit
The Ninth Circuit recently published an opinion in consolidated antitrust class actions regarding DVD rentals and sales. In re Online DVD-Rental Antitrust Litig., No. 11-18034 (9th Cir. Feb. 27,...
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Proposition 65 Claims and 4-MEI: Proving That Deference to the FDA is Necessary
Plaintiffs have made food labeling class actions a rapidly-growing field in recent years, particularly in the Northern District of California. They typically rely on California’s regimen of consumer...
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