1、Perkins Coie LLP2024|YEAR IN REVIEWFood&Consumer Packaged Goods LitigationTable of Contents 2Perkins Coie LLPTable of ContentsINTRODUCTION.3 LEGAL TRENDS Food and Beverage.4Environmental,Social,and Governance(ESG).12Regulatory Developments Affecting the CPG Industry.16Pet Food.20Supplements.23Person
2、al Care Products.26Proposition 65.33ABOUT PERKINS COIE.37Introduction 3Perkins Coie LLPIntroductionPerkins Coie Releases Ninth Annual Food&Consumer Packaged Goods Litigation Year in Review.In 2024,class action filings against the consumer packaged goods(CPG)industry reached a near high,with close to
3、 three hundred lawsuits filed.This year was notable for the wide variety of kind of claims at issue natural,protein content,multi-function ingredients,packaging fill,and sustainability claims.The combination of the pace and breadth of theories suggests that these current trends will not abate soon.O
4、nce again,litigation activity remained vigorous around microcontaminants in the form of purportedly harmful trace substancesincluding heavy metals,phthalates,and polyfluoroalkyl substances(PFAS).Because these filings have spread to courts nationwide,2024 saw some uncertainty come into this area of t
5、he law with different courts coming to differing conclusions as to whether and when it is actionable to misleadingly“omit”from the label the potential presence of these trace substances.As in years past,in 2024,the“reasonable consumer”defense remained a key weapon in defendants arsenal,with encourag
6、ing developments in this area of the law.The Second Circuit explained that when a challenged claim is merely ambiguous,then resort to the full label and its clarifying effect is appropriate.Meanwhile,the Ninth Circuit helpfully explained that the use of asterisks on challenged claim,when linked to a