Get Ready For The 2nd Wave Of Food Labeling Litigation

Law360, New York (February 20, 2015, 11:34 AM EST) -- The ongoing Filippo Berio olive oil litigation in the Northern District of California offers food companies a cautionary example, both for traditional labeling issues and for the trend toward litigation based on product testing. The plaintiff in Kumar v. Salov North America Corp., No. 4:14-CV-02411 (N.D. Cal. Feb. 3, 2015) alleges that Salov's Filippo Berio oil is deceptively labeled as "Imported from Italy," and that independent product tests on the "Extra Virgin" varieties show these to be of less-than extra-virgin quality. In response to Salov's motion to dismiss, the court has narrowed the issues but is allowing the bulk of plaintiff's claims to proceed....

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