Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Anne de Lacour, et al. v. Colgate-Palmolive Co. and Tom’s of Maine Inc., No. 1:16-cv-08364-KMW (S.D.N.Y. – January 3, 2024): The Southern District of New York granted defendants’ summary judgment and motion for class de-certification in a class action challenging the use of the word “natural” by defendants on the labels of their toothpaste and deodorant products because the products allegedly contain artificial and/or chemically processed ingredients. The cou ..read more

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Zaida Hicks, et al. v. L’Oreal USA, Inc., No. 1:22-cv-03926-JPC (S.D.N.Y. – September 30, 2023): The Southern District of New York dismissed an amended complaint in a putative class action. The amended complaint had alleged defendant misled consumers by representing that the company’s waterproof mascaras “were safe, effective, high quality, and appropriate for use on consumers’ eyelashes and around their eyes.” Plaintiffs alleged that this representation was false ..read more

On February 15, a bipartisan group of five Congressional Representatives introduced the Pet Food Uniform Regulatory Reform Act of 2024 (the PURR Act) in the U.S. House. Currently, the FDA’s regulation of pet foods is similar to that of other animal foods. The federal Food, Drug, and Cosmetic Act (FD&C Act) requires that all animal foods are safe to eat, produced under sanitary conditions, contain no harmful substances, and are truthfully labeled. The current regulatory framework around pet food manufacture and sale is a two-tiered system, with both federal and state requirements addressin ..read more

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and industry trends. As always, the report offers a summary of the past year’s key litigation outcomes, regulatory developments, and filing data using metrics from our proprietary database, developed by our food and consumer packaged goods (CPG) litigation team in order to track and understand trends in this growing area. Attorneys in Perkins Coie’s Foo ..read more

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. – November 29, 2023): The U.S. District Court for the Eastern District of California dismissed a putative class action challenging the labeling and marketing of defendants’ single-use tableware and food storage bagsas “compostable.” Specifically, the plaintiff alleged that the products contained significant amounts of perfluoroalkyl and polyfluoroalkyl substances (PFAS), wh ..read more

We are pleased to publish the latest version our quarterly Food and CPG Legal Trends report. This report is a bite-sized version of our annual year in review, providing timely insights on legal trends in the space. In Q4 2023, the CPG industry continued to face a meaningful threat of class-action activity, with continued filings against companies in the food, beverage, and personal care space. Recent months have also seen significant regulatory developments relevant to food, beverage, and CPG companies on both a federal and state levels. Read the full report here ..read more

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. National Association of Wheat Growers, et al. v. Rob Bonta, No. 20-16758 (9th Cir.—November 7, 2023): The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in the plaintiffs’ favor. The panel held that California cannot enforce proposed Proposition 65 carcinogen warning labels on products containing glyphosate. The panel’s majority concluded that these warning labels were not purely factual and uncontroversial and were subject to intermedia ..read more

In November 2023, Senator Deb Fischer (R-NE), a cattle rancher, introduced the Real Marketing Edible Artificials Truthfully Act of 2023, also known as the “Real MEAT Act.” The bill was referred to the Senate Committee on Health, Education, Labor, and Pensions. According to the bill’s text, the proposal is intended to allow consumers to “make informed decisions in choosing between meat products such as beef and imitation meat products.” Senator Fischer’s proposal would implement enforcement risks for “imitation meat” products. Among other things, the bill woul ..read more