Category Archives: All Natural Litigation

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Demmler v. ACH Food Companies, Inc.: Mooting Consumer Class Actions in Response to Pre-Suit Demand Letters

We previously blogged about Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), in which the Supreme Court held that an unaccepted Rule 68 offer of judgment does not moot a class plaintiff’s claims and, in turn, a class action.  But the Court postulated that actual satisfaction of a class plaintiff’s claims – such as … Continue Reading

Greenberg Traurig to Present at Natural Products Expo West

On Saturday, March 7, 2015, at 10:30 a.m., a panel of Greenberg Traurig attorneys, moderated by Denver Shareholder Justin Prochnow, will present on the topic “Labeling Litigation: Strategies for Marketing Products While Avoiding the Courtroom,” at this widely attended conference. Natural Products Expo West continues to be the leading trade show in the natural, organic and … 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

Is ‘Unscented’ the New ‘All Natural’?

Consumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.”   Is this the next class action wave to hit the consumer products industry? Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” … 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

Hope for Consumer Products Companies Facing ‘Natural’ Class Actions

Greenberg Traurig Shareholder Ed Chansky highlights a recent decision dismissing consumer fraud claims alleging a personal care product was mislabeled as “all natural.”  The key aspects of the decision were: “Natural” is a vague and ambiguous term without a single or universal definition. The plaintiffs’ proposed definition of “natural” as “existing in or produced by … Continue Reading

Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’

Last year saw a trend in consumer class actions attacking advertising for products labeled as “all natural.”  The cases produced mixed results, and the extent to which this theory will succeed remains unclear.  Some cases settled.  See, e.g., Trammell v. Barbara’s Bakery, 12-cv-02664 (N.D. Cal. June 21, 2013).  Others were dismissed.  See, e.g., Rapcinsky v. … Continue Reading
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