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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.

                    On The WLF Legal Pulse Blog

In Mixed Opinion, Ninth Circuit Allows “All Natural Fruit” Litigation to Continue While Decertifying Class

On September 30, just two weeks after hearing oral argument in the case (which we previewed here), the Ninth Circuit released an unpublished opinion in Brazil v. Dole Packaged Foods, partially reversing the district court.  The opinion correctly upheld the district court’s dismissal of one of Brazil’s “outlandish theor[ies]” and its decertification of the class.  Unfortunately, the Ninth Circuit relied on nonbinding FDA guidance and warning letters to evaluate what would mislead a reasonable consumer, reversing the district court’s dismissal of his other claims.  Although not officially precedential, the opinion is worth reviewing because it has the potential to guide lower courts and gives insight into the Ninth Circuit’s future food-labeling decisions. Continue reading

News, Commentary, and Updates

Tuesday, December 27, 2016  |  News, Commentary & Updates

Plaintiffs Attorney: Corporate Wrongdoing The Cause Of More Food, Beverage Class Actions

Forbes.com

Friday, December 23, 2016  |  News, Commentary & Updates

Food and Beverage Class-Action Lawsuits Continue to Haunt Industry

The Food Institute Blog

Friday, December 23, 2016  |  News, Commentary & Updates

Will FDA guidance, or lack thereof, affect food and beverage litigation

Legal Newsline

Tuesday, November 29, 2016  |  News, Commentary & Updates

Food Litigation 101: Are You Up to Speed?

Food Navigator USA

Monday, November 28, 2016  |  News, Commentary & Updates

Sugar class action against Dole a 'policy-oriented brief,' law prof says

Legal Newsline

Tuesday, October 11, 2016  |  News, Commentary & Updates

Class action lawsuit filed against Naked Juices; company calls claims ‘baseless’

Legal Newsline

Thursday, October 6, 2016  |  News, Commentary & Updates

Post Foods faces class action over allegations of deceptive cereal box advertising

Legal Newsline

Tuesday, October 4, 2016  |  News, Commentary & Updates

Lawsuit: PepsiCo’s Naked Juice Drinks Mislead Shoppers About Ingredients, Sugar Content

The Consumerist

Monday, October 3, 2016  |  News, Commentary & Updates

Dole Foods 9th Circuit ruling reignites all-natural lawsuit, 'emboldens plaintiff's bar'

Food Navigator USA

Monday, September 26, 2016  |  News, Commentary & Updates

General Mills hit with another labeling lawsuit, this time over sugar content

Star Tribune

Monday, September 26, 2016  |  News, Commentary & Updates

How Sweet It Is: Lawsuit Accuses Honey Nut Cheerios of Deceptive Health Claims

Wall Street Journal ($)

Thursday, August 25, 2016  |  News, Commentary & Updates

General Mills targeted in latest ‘100% natural’ lawsuit over glyphosate

Food Navigator USA

Friday, July 1, 2016  |  News, Commentary & Updates

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

National Law Review

Monday, June 13, 2016  |  News, Commentary & Updates

Attorney: Class actions over 'natural' food driven by plaintiffs lawyers

Legal Newsline

WLF Resources

Wednesday, April 19, 2017  |  WLF Resources

Drunk Suing?: Once Again, Plaintiffs File Food-Labeling Class Action Due to “Confusion”

The WLF Legal Pulse blog

Friday, June 24, 2016  |  WLF Resources

Ninth Circuit Consumer Class-Action Ruling Signals Resurgence of Primary Jurisdiction Doctrine

WLF Legal Opinion Letter

Thursday, March 24, 2016  |  WLF Resources

Ninth Circuit Places Hold on Many Lawsuits Seeking Refunds for Allegedly Misleading Food Labels

WLF Press Release

Thursday, October 1, 2015  |  WLF Resources

Litigation Targeting Trans Fat Stayed: A Bump in the Road or Something More?

WLF Legal Pulse blog

Friday, March 20, 2015  |  WLF Resources

FDA’s Next Gift to the Litigation Industry: A Veritable Ban on Partially Hydrogenated Oils?

The WLF Legal Pulse blog

Thursday, February 26, 2015  |  WLF Resources

On Appeal from the Food Court: Must Consumer Class Action Plaintiffs be “Ascertainable”?

WLF Legal Pulse blog

Friday, December 12, 2014  |  WLF Resources

Key Ruling for Food Labeling Class Action Defendants Issued on "Reasonable Consumer" Standard

WLF Legal Pulse blog

Friday, August 22, 2014  |  WLF Resources

ON THE MERITS: Maple v. Costco Wholesale

WLF On the Merits Publication

Monday, May 12, 2014  |  WLF Resources

Update: Two Food Labeling Suits Settle after Judge Certified Narrowed Classes

WLF Legal Pulse blog

Friday, April 25, 2014  |  WLF Resources

Ascertainability Becoming Higher Hurdle in Consumer Class Action Certification

WLF Legal Opinion Letter

Tuesday, April 1, 2014  |  WLF Resources

Behavior of Plaintiffs’ Lawyers in Food “Misbranding” Class Actions Called into Question

WLF's Legal Pulse blog

 
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Washington Legal Foundation (WLF): Advocates for Freedom and Justice
2009 Massachusetts Ave., NW
Washington, DC 20036
info@wlf.org | ph. 202-588-0302
© WLF. All Rights Reserved.