Food & Beverage Litigation

Foley attorneys have significant experience representing companies in the food and beverage industry. With a deep understanding of the substantive laws and regulatory framework at issue for food, beverage and supplement manufacturers and retailers, we have assisted clients with both compliance counseling and defending class actions.

Our team has handled a wide variety of consumer challenges, including: cases asserting product mislabeling allegations based on “all natural,” “organic,” or “no artificial preservatives” claims, and other alleged false advertising on consumer packaged goods; cases involving genetically modified organisms (GMO) labeling; cases challenging nutrient content or health claims on product labels; and slack fill suits dealing with allegations of intentionally underfilled product packages.

A list of recent representative food and beverage class action matters can be found below.

Food & Beverage Cases

  • Representing a national dry tea product manufacturer in false advertising class action in federal court alleging product mislabeling claims based on ingredients list panel. Motion to dismiss pending.
  • Represented a global beverage manufacturer in product mislabeling class action removed to federal court under CAFA. Defeated class certification of Business & Professions Code Sections 17200 and 17500 and CLRA claims brought by consumers in California.
  • Represented a global cheese and dairy company in class action asserting claims under UCL, FAL and CLRA for alleged “all natural” mislabeling based on use of Xanthan Gum as product ingredient. Obtained nuisance value settlement after class certification briefing.
  • Represented a national food and snack manufacturer in slack fill class action alleging defendant intentionally under filled packages of snack food product. Obtained dismissal through pre-certification motion for summary judgment. No appeal filed.
  • Represented Italian global beverage manufacturer in alleged “all natural” mislabeling class action asserting claims under UCL, FAL and CLRA based on use of citric acid as product ingredient. Negotiated early nuisance value settlement.
  • Represented national coconut water beverage manufacturer in class action for alleged product mislabeling based on “organic” claims. Through mediation settled on class wide basis on favorable terms.
  • Represented national food producer in alleged “no artificial preservatives” product mislabeling class action asserting claims under UCL, FAL and CLRA based on use of citric acid as an ingredient in salad dressing product.
  • Represented a major retailer in defeating a class action alleging misleading labelling of salmon.