First Circuit | Proskauer on Advertising Law

First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging

We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit recently affirmed this decision, along with decisions dismissing identical lawsuits against Mars and The Hershey Company. The First Circuit … Continue Reading

Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict

By Lawrence Weinstein, Carl Mazurek, Monique Curry and Emily H. Kline on September 26, 2019 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

As we wrote recently, the past year has seen a proliferation of lawsuits alleging that food product labels mislead consumers about the product’s ingredients. The trend continued last month, with decisions from the Court of Appeals for the First Circuit and one of its district courts reaching different results on motions to dismiss complaints alleging … Continue Reading

Nestlé’s Non-Disclosure of Child and Slave Labor Issues on Packaging Not Deceptive or Unfair, Massachusetts Federal Court Holds

By Lawrence Weinstein, Carl Mazurek and Eric Wertheim on February 28, 2019 Posted in Deceptive Trade Practices

Though child and slave labor is “widespread, reprehensible, and tragic,” a federal court in the District of Massachusetts found it was not deceptive for Nestlé to omit from product labels that those practices (allegedly) exist in its supply chain. In granting defendant Nestlé’s motion to dismiss, the court, after assuming that plaintiff’s allegations are true, … Continue Reading