Category Archives: Food Litigation

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Northern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not Purchase

The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts.  Judge St. Eve of the Northern District of Illinois recently weighed in on this issue.  In Wagner v. General Nutrition Corp., (No. 16-cv-10961, July 19, 2017), … Continue Reading

Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case

In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted in the absence of specific guidance from the FDA and the mixed results the argument has produced.  In Ault v. J.M. Smucker Co. et al., 2014 … Continue Reading

Are Sugary Drink Warnings Coming to California?

California isn’t exactly known as a business-friendly state.  In some ways, the governor has tried to change that.  He’ll have an interesting choice to make if a recently-passed senate bill reaches his desk. Last week, the State Senate Committee on Health passed a measure that would require health warning labels on beverages with added sugar, … Continue Reading

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures – Dietary Supplements and Foods Specially Targeted

Prepared by James Mattesich, Justin Prochnow, Anthony Cortez and Greg Sperla. The California Office of Environmental Health Hazard Assessment (OEHHA) announced on March 7, 2014 that it is considering implementation of the most significant changes to Proposition 65 regulations in more than two decades. Because OEHHA’s proposals are currently in the preliminary stages, businesses that … Continue Reading

National Survey Identifies Top Consumer Questions on GMOs

We frequently address issues relating to litigation over products advertised as “all natural” or containing genetically modified organisms, or GMOs. As interest in GMOs has grown (along with related litigation), an initiative known as GMO Answers has published new survey results identifying consumers’ top 10 questions about GMOs. GMO Answers is funded by the members of The … Continue Reading

Another ‘Evaporated Cane Juice’ Class Action Proceeds as the FDA Solicits Comments on the Description

On March 7, 2014, my colleague Justin Prochnow posted The Name Game:  FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice,’ which addressed the FDA’s recent announcement that it is revisiting a 2009 draft guidance stating its position on the description “evaporated cane juice.”  The 2009 draft guidance took the position that describing the ingredient as … Continue Reading

The Name Game: FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice’

The FDA announced yesterday that it is revisiting a draft guidance issued in 2009 that generated a significant amount of class action litigation over the last year. In 2009, the FDA issued a draft guidance outlining its position regarding the use of “evaporated cane juice” to describe sweeteners derived from sugar cane syrup. In the … Continue Reading
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