Law360, owned by Lexis/Nexis, recently published, Food And Beverage Cases To Watch In 2016. Making the list are two cases in which Herrington Law is involved.
Both class action cases (against Del Monte and Hunt’s) involve federal and state law governing label statements on packaged food. In short, food manufacturers are given great leeway in what they can and can’t say on their food labels. However, to obtain a competitive advantage and increase profits, many food manufacturers make claims on their labels that aren’t true and/or are misleading.
Both cases are on appeal to the Ninth Circuit Court of Appeals on issues related to Rule 23 class certification, e.g., ascertainability, reliance, materiality, what remedies are available on a classwide basis, and what proof is needed for those remedies. Herrington Law filed the opening brief in Del Monte yesterday.
If you think you might have a case involving deceptive or false food labeling, contact our law firm to speak with a member of our team.