Ready to Protect Your Brand
Prop 65 Defense
35+ Years In Practice
Food Industry
Litigation
California · Nationwide
Class Action Defense
Prop 65 Defense
35+ Years In Practice
Food Industry
Litigation
California · Nationwide
Class Action Defense
The Food Lawyers® goal is to defeat class actions and Prop 65 cases as early as possible, before they become a lawsuit. This reduces costs and protects your brand. If a case should become a lawsuit, we’ll work with you to resolve it as early as possible.
Examples below:
On September 19, 2025, a national big-box retailer based on the east coast was threatened with a class action on the ground that its Keto Certified products contained ingredients that precluded their being labeled “Keto.” The Food Lawyers® were retained to defend...
Our Los Angeles client’s nationally distributed product labeling states, “No Artificial Colors or Flavors,” -- -- a key element in its marketing collateral. The client received a class action demand letter stating the marketing claim was false because the product contains ascorbic...
A Los Angeles, nationally-distributed food company, received a class action demand letter saying its most important product, was labeled “No Sugar Added,” in violation of federal law. The Food Lawyers were retained to defend the case. Federal labeling regulations are voluminous, detailed...
Our client, a California nationally distributed snack food purveyor, received a class action demand letter alleging its products were deceptively labeled and fraudulently marketed. The letter came from a plaintiff’s counsel well known to The Food Lawyers. Our firm advised the client...
The Food Lawyers® goal is to defeat as many class actions as possible before they become lawsuits. If a case becomes a lawsuit, knock it out as early in the case as possible. This reduces total client costs. Below are examples of...
This class action involved a brand of bread sold throughout the United States. On February 3, 2026, the industrial bakery, located in the Midwest, was threatened with a class action on the ground that numerous of its products allegedly were falsely advertised...
Our San Diego client whose award-winning healthy snack is sold throughout the United States, received a class action demand letter claiming the labeling was deceptive and violated New York law. The Food Lawyers responded with a letter correcting the New York attorney...
Nearly all food class actions are based on misleading labeling. But the “misleading,” aspect is not limited to words on the label. It can also be a misleading product image on the package. Our San Francisco client received a class action demand...
Client is a Vernon, California a sausage manufacturer who received a Prop 65 notice of violation with a cover letter threatening if the case were not settled (on plaintiff’s terms), there would also be a class action filed for failure to disclose...
A national retailer and its suppliers were sued in New York Federal Court over whether one of its products was fraudulently labeled. The case was originally defended by a large Los Angeles law firm that ran up huge bills and accomplished nothing....
On August 16, 2024, Washington Post published the results of a UC Davis study reporting that 21 national retail brands advertised as “100% avocado oil” were actually “cut,” (i.e. diluted) with other cheaper oils and therefore counterfeit. Numerous lawsuits were filed throughout...
The nation’s leading high protein snack company was sued in federal court over whether one of its nutrient claims was misleading. The case was being defended by a large Washington D.C. law firm that had run up colossal bills and accomplished nothing....
A class action filed in Federal Court in California against a national retailer alleged its propriety brand of fruit juice was fraudulently marketed because it was labeled “100% juice,” while being fortified with ascorbic acid. The complaint alleged the amount in controversy...
Our client, a San Francisco, nationally-distributed food company, received a Prop 65 notice. Our test results showed no violation. We subpoenaed plaintiff’s test results that showed serious violation. Laboratory reports include the number of the scientific methodology used to conduct the testing...
Our client, a Los Angeles health food company, received a Prop 65 notice alleging lead in two of its most important products. The client’s greatest concern was whether it would have to put Prop 65 warnings on the products after the litigation...
Our client, a Scottish company that imports canned meat into the U.S., received a Prop 65 notice. An obscure legal point is that federal law preempts Prop 65 under certain circumstances. The Scottish company’s products is one of those situations. We informed...
Our client, a Los Angeles, nationally-distributed food company, received a Prop 65 notice. Our client’s largest customer, a national retailer, said it would immediately remove all product from the shelf, destroy it, get reimbursement from our client, and stop selling the product....
Plaintiff, who had filed hundreds of Prop 65 actions, filed one against our international client based on test results showing a violation. Our test results showed no violation. Something wasn’t right. We forced plaintiff in court (they fought us on it) to...
Client is a sausage manufacturer who received a Prop 65 notice of violation with a cover letter threatening if the case were not settled (on plaintiff’s terms) there would also be a class action filed for failure to disclose the Prop 65...
Our client, a specialty food producer, wanted to start a marketing battle against its biggest competitor in a region where both companies did business that was heavily populated by the companies’ target consumers. Our client wanted to gauge the size of the...
Read MoreAn FDA Warning Letter is just what it sounds like: A letter from FDA warning you they think you’re doing something wrong. The “warning” part of the letter is the fact that if you don’t stop what you’re doing, FDA is warning...
Read MoreOur client supplies truffle flavored olive oil to Trader Joe’s, who was sued in a federal court class action regarding the accuracy of Trader Joe’s label. The litigation raged between Trader Joe’s attorneys and plaintiff’s lawyers for some months with various expensive...
Read MoreOur client is a U.S. company that ships its food products all over the world. One of their profitable markets is a small eastern European country where the client’s goods have a cult following. A competitor in that country noticed that our...
Read MoreA nutritional supplement client of the firm was concerned about whether lead content in its products violated California Prop 65. The client did not want to be sued under Prop 65 and did not want to put the statement on its labeling:...
Read MoreOur client was proud of the fact that it had 25 years of paper files in boxes in its warehouse labeled by year and company department. More recent files were stored in the company’s computer system. Some of the files documented matters...
Read MoreThis client is a family owned South American food business that wanted to buy a competitor in a neighboring country to greatly enhance our client’s revenues and market power. The problem was that the family’s adult members had been kidnapped for ransom...
Read MoreA Canadian company contacted The Food Lawyers® reporting it had thousands of pounds of frozen smoked salmon embargoed at the U.S.-Canada border because an FDA spot-check found Listeria in some of the product. The company had also been put on the FDA...
Read MoreOur Los Angeles client, who exports food worldwide, received photos of high quality frozen Pacific squid from a fishing company. This squid is highly prized in China and our client has an important Chinese customer who will take all he can get....
Read MoreOur seafood importer client ordered 250,000 pounds of frozen whitefish from China which, upon inspection at the California port, proved wholly sub-standard. Our client refused delivery and shipped the goods back to China where the Chinese supplier refused to accept them. We...
Read MoreA frozen meal with $500 million in sales contained an ingredient made by our client. FDA advised our client it had received potentially contaminated raw materials from a supplier resulting in a recall of the last 12 months’ production of the frozen...
Read MoreFDA has generally refused to define what is a “natural” food or a “natural food ingredient,” leaving it to juries to sort out. One jury might find that adding some ingredient to food makes it “not natural” while another jury (even in...
Read MoreA company built its own proprietary equipment to produce its highly successful food product. The equipment, and how it was operated, were the company’s trade secrets. The company suspected that a competitor had copied its equipment and processes by hiring a number...
Read MoreOur client distributes its own brand of nuts that it imports from various countries in consumer sized packaging that is sold in drug stores, supermarkets, and convenience stores nationwide. Federal law requires the label on imported nuts to identify the foreign country...
Read MoreA U.S. company that buys seafood worldwide for sale in various countries purchased $700,000 of frozen oyster from South Korea for resale in the U.S. and Europe. Four months later, FDA discovered South Korea was releasing raw sewage into waters where Korean...
Read MoreA dietary supplement company was being sued in a Federal Court class action for allegedly exaggerating its products’ benefits on its labels and website. The company was being defended by a prominent New York law firm that specializes in these matters. The...
Read MoreOur client, an established food company, wanted to introduce a new product to the marketplace and had identified the perfect trademark to promote it. They asked us to federally register the trademark for them. During due diligence, we discovered that a couple...
Read MoreOur client, a Canadian food company, makes products there and in the U.S. that it sells under its brands in both countries and in Europe. They created a new brand that they thought was a perfect fit for one of their new...
Read MoreOur client, an established Los Angeles food company, was introducing a new beverage product to the marketplace. Hundreds of thousands of dollars had been spent on promotions, slotting, packaging, perishable raw materials and commitments to retailers such as Albertson’s, Ralphs and Safeway....
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