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Food Fight

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Class cert denied in baby food false labeling case: faulty regression model to blame

February 23, 2018
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Since the decision in Comcast Corp. v. Behrend, lawyers have been clamoring to find a regression model that will support class-wide damages and help them clear the class certification hurdle. READ MORE

New actions based on ‘nothing artificial’ labels may be halted as FDA redefines ‘natural’

December 5, 2016
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On September 30, 2016, the Eastern District of Missouri stayed the Thornton action pending resolution of FDA proceedings to define the term “natural” on food labels. READ MORE

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

November 9, 2016
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The Missouri Court of Appeals’ decision in Murphy is important for the dozens of putative MMPA food labeling class actions pending in the state. The decision broadly expands the scope of commercial speech for which product manufacturers are potentially liable under the MMPA. READ MORE

Deceptive trade practice claim to proceed based on ‘nothing artificial’ label

October 12, 2016
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A federal court in Missouri allows deceptive trade practice claim based on “nothing artificial” label to proceed to discovery. READ MORE

Ninth Circuit holds juries can decide the definition of ‘natural’

October 6, 2016
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The 9th Circuit Court of Appeals says juries will decide whether “natural” label is misleading where food contains synthetic citric or ascorbic acids – Chad v. Brazil in a nutshell. READ MORE