Key Industry

Food and Beverage

Case Studies

Class Action Victory in Litigation Regarding Labeling of Products

In March 2015, the firm secured a win on behalf of a Fortune 500 chocolate manufacturer in a putative consumer class action regarding the labeling of its dark chocolate and cocoa products. The plaintiffs alleged that our client’s products were “misbranded” in violation of California law and FDA regulations because the labels made false, misleading and unlawful statements regarding the products’ ingredients and characteristics. The U.S. District Court for the Northern District of California ruled that there was insufficient evidence to support this claim and dismissed the case.

Defense of Class Action Antitrust Litigation Alleging Chocolate Price-Fixing

In March 2014, the firm secured summary judgment on behalf of a Fortune 500 chocolate manufacturer as lead trial counsel in a multidistrict antitrust litigation in the U.S. District Court for the Middle District of Pennsylvania. The plaintiffs were direct purchasers (wholesalers and chain stores) that alleged that our client conspired with other major chocolate manufacturers to fix the price of chocolate singles and “kings” in the U.S. between 2002 and 2007. The district court decided that the record evidence led to the conclusion that “plaintiffs have adduced no evidence tending to exclude the possibility that defendants acted independently.”