Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food and consumer packaged goods space.
Judah Rosenwald, et al. v. Kimberly-Clark Corporation, No. 4:26-cv-01086-AMO (N.D. Cal. June 30, 2026): The U.S. District Court for the Northern District of California dismissed a putative class action alleging that the defendant falsely labeled and marketed its Kleenex Germ Removal Wet Wipes by implying that they contained a germicidal ingredient or killed germs on contact. The court found that the packaging was not plausibly misleading under California’s reasonable consumer standard because the front label stated that the products “wipe away” 99% of germs and contain “no harsh chemicals,” which the court held would not reasonably be understood to promise that the wipes kill germs. The court also noted that the back label reinforced the front label claims by referring to “The Cleansing Power of Water,” stating that the wipes were alcohol- and paraben-free, and listing no germicidal ingredients. Read the order here.
California League of Food Producers, et al. v. Rob Bonta, No. 24-3185 (S.D. Cal. July 14, 2026): The U.S. District Court for the Southern District of California granted a preliminary injunction blocking enforcement of California’s SB 343. The California law contained certain requirements for the use of recycling symbols or statements indicating that products or packaging are recyclable. The court found that the plaintiffs were likely to succeed on their constitutional challenges because several key provisions of SB 343 were likely unconstitutionally vague and because the law likely violated the First Amendment by restricting truthful commercial speech about recyclability. Further, the court concluded that SB 343 may reduce useful information available to consumers by causing businesses to remove qualified recycling claims altogether, even if California had legitimate interests in addressing consumer confusion and improving recycling rates. The court also found that the law was broader than necessary. Read the order here.
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