By Christopher Van Gundy and Maria Jhai
Over the past few years, food litigation in California has been surging, and 2016 was no different. The filing of food law cases continues unabated. Most cases involve allegations of consumer deception. Some claims in this area seem to have run their course, such as challenges to food products containing partially hydrogenated oils, while others appear to be burgeoning, such as slack-fill claims. Although no major food case has gone to trial, food law continues to develop into a distinct area as dispositive motions are resolved and reported by the courts. As the cases discussed in this article demonstrate, a successful food law practice requires not only substantive expertise, but also experience in class action litigation and familiarity with the food industry itself.
Northern District of California Dismisses Complaint Challenging "Non-GMO" Claim
Gallagher v. Chipotle Mexican Grill, Inc. (N.D.Cal., Feb. 5, 2016, No. 15-cv-03952) 2016 WL 454083