News & Analysis as of

Food Labeling

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Menu Labeling Litigation Update: FDA Files Motion to Dismiss Suit Challenging Agency’s Rule Delay, Urges Southern District to...

by Saul Ewing LLP on

This week, there were developments in two menu labeling lawsuits about which we reported previously: a lawsuit challenging the U.S. Food and Drug Administration’s (FDA or the Agency) delay of its menu labeling rule, and a...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Reading the Tea Leaves: Sales of Macadamia Nut Could Be Going Up!

On July 24, 2017, the Food and Drug Administration announced that it had responded to a November 2015 petition from Royal Hawaiian Macadamia Nut, Inc. for a new qualified health claim characterizing the relationship between...more

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

Food and Beverage News and Trends - August 2017

by DLA Piper on

FDA brings about voluntary recall of coffee product with Viagra-like substance. On July 13, the FDA announced that Texas-based Bestherbs Coffee, LLC is issuing a voluntary recall of a coffee product, New of Kopi Jantan...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

Changes To The Nutrition Facts Label: What You Need To Know

by Fox Rothschild LLP on

On May 20, 2016, the Food and Drug Administration (“FDA”) announced new changes to the Nutrition Facts label required for packaged foods. The FDA’s intent was to create a new label that would make it easier for consumer to...more

Advertising Law - August 2017

U.K. to Ban Gender Stereotypes in Ads - Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...more

9th Circuit rejects argument that ‘No Added Sugar’ means ‘healthy’

by Thompson Coburn LLP on

The relationship between “added sugar” and adverse health outcomes has been a subject of debate. When the FDA proposed adding a line for “added sugar” to the nutrition labels on packaged food (a requirement that has gone into...more

FDA Postpones Food Labeling Deadline

by Reed Smith on

Last month, the U.S. Food and Drug Administration (“FDA”) pushed back the deadline for food companies to adopt changes to nutritional labels for packaged foods. Industry stakeholders welcomed the extension amidst concerns...more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

Ninth Circuit Reconsiders, Nixes Deceptive Labeling Claim Against Gerber

by Bryan Cave on

Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more

Restaurants, Grocery Stores, and Convenience Stores Sue to Block New York City's Menu Labeling Rule

by Saul Ewing LLP on

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018 was met with mixed reactions from industry. While the National Association of...more

FDA Creates Uncertainty by Delaying Nutrition Facts Label Compliance

by Pepper Hamilton LLP on

On June 13, the Food and Drug Administration announced it would indefinitely extend the compliance deadline for the Nutrition Facts Label final rules, creating uncertainty for food and beverage manufacturers....more

When the Law Gives you Lemons: Will Citric Acid Make Good Lemonade for Plaintiffs? 

The food and beverage industry is faced with an onslaught of consumer fraud class actions targeting everything from the use of the terms “all natural,” “healthy,” and “organic,” to the amount of slack-fill in particular...more

Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017

by Kelley Drye & Warren LLP on

For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in small...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Minnesota Federal Judge Says Glyphosate Claims are “Unreasonable”

by Kelley Drye & Warren LLP on

A mini-trend in food litigation last year was the spate of class action cases alleging that foods advertised as “natural” contained trace amounts of the herbicide glyphosate. “Trace” is the operative word; to the extent...more

The Deadline for Submitting Comments to USDA as it Prepares to Draft a Proposed Rule on GMO Labeling is Quickly Approaching –...

On June 28, 2017, the U.S. Department of Agriculture (USDA or agency) Agricultural Marketing Service (AMS) posted a list of 30 questions for consideration by stakeholders in order to assist the agency in developing a Proposed...more

Cattle Groups Sue USDA to Compel Country of Origin Labeling (COOL); Launching Newest Standoff in Longstanding COOL Dispute

by Kelley Drye & Warren LLP on

Two groups representing U.S. cattle producers recently brought suit against the United States Department of Agriculture (USDA) based on the agency’s March 2016 decision to revoke regulations requiring that beef and pork...more

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

by Lewitt Hackman on

In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

Food and Beverage News and Trends - July 2017

by DLA Piper on

"Pink slime" case settles. Beef Products Inc. (BPI) and ABC News have announced the confidential settlement of a defamation case the company had filed against the network and correspondent Jim Avila over a series of news...more

UPDATE: The Revival of ECJ Lawsuits*

On June 8, 2017, Judge Carney dismissed Plaintiff’s class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint was implausible because it only...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 5

by Jones Day on

On June 13, 2017, FDA delayed the compliance date for the Nutrition Facts and Supplement Facts Label and Serving Size final rules, providing additional time for implementation. The rules were finalized in May 2016 and...more

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