Class Action Litigation
In their ongoing quest to both advance narrow policy agendas and pursue lucrative legal fees, professional activists and class action lawyers have identified food and beverage producers, as well as restaurants, as prime litigation targets. These legal crusaders have a long-term strategy, and have been laying the groundwork through state “consumer protection” lawsuits and other class actions. More opportunities, likely on the heels of new laws and government regulatory actions, await.

From WLF's blog, The Legal Pulse

9th Circuit Affirms Dismissal of Class Action vs. Ice Cream Maker

Last July in a Legal Pulse post, Food Advertising Class Action Feeding Frenzy?, WLF Summer Fellow John Kendrick mentioned a California-based class action suit filed against Dryer's Grand Ice Cream (a Nestle brand). The suit alleged that the use of the terms "0 grams trans fat," "Original Vanilla," and "Classic" were false or misleading in violation of four California consumer protection laws. A federal district court dismissed the action last year.

Last Thursday, a terse per curiam opinion of the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court.

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Tuesday, May 15, 2012 | News, Commentary & Updates

Thursday, April 12, 2012 | WLF Resources

Class Action Litigation

9th Circuit Affirms Dismissal of Class Action vs. Ice Cream Maker

Class action vs. fruit roll up maker allowed to proceed

Fun poked at Nutella class action settlement

Settlement amount and lawyer fees in Nutella class action approved

CA Court Throws Out CSPI's Class Action Suit vs. McDonalds Regarding Happy Meals

Jamba Juice newest target of "natural" class action lawsuits

Vita-Coco drink latest class action lawsuit target

General Mills files motion to dismiss in Fruit by the Foot class action

Lawsuit claims corn chips not "all-natural" due to genetically enhanced oils

Junk food junk science exposed

Ginning up more litigation on use of "natural" on food labels

Another class action alleging misleading "natural" claim filed

This is your brain on cupcake . . .

Federal court certifies class action lawsuit vs. Nutella makers

American Bar Association raises specter of food addiction suits

Food fight breaks out among plaintiffs' lawyers suing Nutella maker

WLF Legally Brief Video Commentary on Food-Oriented Class Actions

Update: 9th Circuit Affirms Dismissal of Class Action vs. Ice Cream Maker

A Nutrition Label For Each State?: Federal Court Preempts Lawsuit Aimed At Packaged Foods

Fruit Roll-Ups Maker Moves to Dismiss CSPI Class Action Suit

Courts Not the "Natural" Branch of Government for Regulating Food Ads and Labels

Nutella Class Action Settlement: Not Part of a Balanced Civil Justice System

Court Empowers “Deceived” California Nutella Purchasers to Sue as a Class

CSPI's Fruit-by-the-Foot Suit: That Which you Didn’t Say is Untruthful

Putting Cart Before Horse in a Consumer Class Action?

Is FTC Exposing Businesses to Antitrust Suits with “Voluntary” Food Advertising Limit Proposal?

Suit Against Nutella Maker: Not Part of a Balanced (or Rational) Regulatory Process

Preemption Rejected In Advocacy Group’s VitaminWater® Consumer Class Action

In Re Pepsico Provides Guidance On Arguing Express Preemption

Impending Legal Attacks On Food Ads Should Not Be Welcome In Court

My “Big Fat”Update: Courts Disserve Rule Of Law In Food Lawsuits Decisions