Lindsey Heinz on False Advertising

Food and Beverage Litigation and Regulatory Update - April 2025

The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more

4/25/2025 / Class Action , Consumer Protection Laws , Department of Health and Human Services (HHS) , False Advertising , Farmers , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , New Regulations , Product Labels , Product Packaging , Proposed Legislation

Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

12/24/2024 / Advertising , Dunkin' Donuts , E-Coli , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Supply , General Mills , Health Claims , Marketing , NAD , PFAS , Popular , Product Labels , Retail Market , Trademarks , Unfair or Deceptive Trade Practices , USDA

Consumer Alleges Whole Grain Saltine Crackers Mislead Consumers - Food and Beverage Litigation and Regulatory Update

A New York woman has filed a putative class action alleging Mondelez Global LLC's Nabisco Whole Grain Premium Saltine Crackers' “whole grain” labeling is misleading because the main flour ingredient is non-whole grain...more

8/30/2024 / False Advertising , Food & Drug Regulations , Food Labeling , Food Manufacturers , Putative Class Actions

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

7/2/2024 / Class Action , False Advertising , Food Labeling , Food Marketing , Health Claims , Misleading Statements

Food and Beverage Litigation and Regulatory Update - August 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Revokes GRAS Status from PHOs - The U.S. Food and Drug Administration (FDA) has amended regulations in light of its determination that partially hydrogenated oils (PHOs) are no...more

8/21/2023 / Advertising , Class Action , False Advertising , Food and Drug Administration (FDA) , Food Safety , Taco Bell , Trademark Infringement

Food and Beverage Litigation and Regulatory Update - May 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Court Dismisses Claims that Instant Noodles’ ‘No Added MSG’ Claim Misled Consumers

A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more

3/27/2023 / Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , Unfair or Deceptive Trade Practices

Food and Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

3/27/2023 / Americans with Disabilities Act (ADA) , Beverage Manufacturers , Disability Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Recalls , Marketing , Papa John's International , Wine & Alcohol

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more

3/20/2023 / Class Action , Common Law Claims , Consumer Fraud , Express Warranty , False Advertising , Food Labeling , Food Marketing , Franchises , Misleading Impressions , Restaurant Industry , Unfair or Deceptive Trade Practices , Unjust Enrichment

Food and Beverage Litigation and Regulatory Update - March 2023 #3

LEGISLATION, REGULATIONS & STANDARDS - California Lawmakers Introduce Legislation to Ban Five Food Additives - California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more

3/20/2023 / Additive Manufacturing , Baby Products , Class Action , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , Popular , Public Health , Retail Market

Food and Beverage Litigation and Regulatory Update - March 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

3/15/2023 / Commercial Marketing , Country of Origin , False Advertising , Food & Drug Regulations , Food Manufacturers , Food Supply , Genetically Engineered Seed , Made in the USA , Misleading Impressions , Plant Based Products , Popular , Product Labels , Public Health , Regulatory Violations , Retail Market , USDA , World Health Organization

“Fudge Covered Oreo” Lawsuit Dismissed

A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more

3/14/2023 / Dismissal With Prejudice , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , New York , Unfair or Deceptive Trade Practices

Food and Beverage Litigation and Regulatory Update - March 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Update on Human Foods Program Restructuring - The U.S. Food and Drug Administration (FDA) has issued a news release with an update on the restructuring of its Human Foods...more

3/6/2023 / False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety and Inspection Service (FSIS) , Food Supply , Organic , Popular , Public Health , Regulatory Agenda , Regulatory Oversight , Wine & Alcohol

Food and Beverage Litigation and Regulatory Update - February 2023 #2

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

2/27/2023 / Beverage Manufacturers , False Advertising , Food & Drug Regulations , Food Allergies , Food and Drug Administration (FDA) , Food Labeling , Food Recalls , Food Supply , Fraudulent Marketing , PFAS , Plant Based Products , Public Health , Regulatory Agenda

Food and Beverage Litigation and Regulatory Update - February 2023

U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf announced in a Jan. 31 statement that the agency intends to reorganize its Human Foods Program and Office of Regulatory Affairs (ORA) after receiving the...more

2/13/2023 / Baby Products , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Safety , Food Supply , Regulatory Agenda , Regulatory Reform , Retail Market , School Lunch Programs , USDA

Food and Beverage Litigation and Regulatory Update - January 2023 #2

Shook Senior Counsel Talks FDA on NOSH Podcast - NOSH has interviewed Shook Senior Counsel John Johnson for an episode of its podcast. The episode discusses the implications of the December 2022 Reagan-Udall Foundation...more

1/23/2023 / Breach of Contract , Class Action , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Recalls , Food Safety , Food Supply , Organic , Public Health , Retail Market , Unfair Competition Law (UCL)

Food and Beverage Litigation and Regulatory Update - January 2023

LEGISLATION, REGULATIONS & STANDARDS - Omnibus Spending Bill Includes Congressional Notes to FDA - President Biden has signed a spending bill that includes additional funding for the U.S. Food and Drug Administration (FDA)...more

1/9/2023 / All Natural , Beverage Manufacturers , Biden Administration , False Advertising , Federal Funding , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , Natural Products , Popular , Regulatory Oversight , Regulatory Reform , Target , Unfair or Deceptive Trade Practices

Grillo's Sues Wahlburgers for Preservative Claims

Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more

1/9/2023 / All Natural , False Advertising , Food Manufacturers , Grocery Stores , Lanham Act , Misleading Statements , Natural Products , Retail Market , Unfair Competition

Velveeta Packaging Misleads Consumers on Cook Time, Suit Alleges

A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more

12/14/2022 / Class Certification , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , Putative Class Actions , Unfair or Deceptive Trade Practices

Food & Beverage Litigation Update l September 2020

Court Dismisses Beef “Product of the USA” Lawsuit - A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other...more

9/21/2020 / Beverage Manufacturers , European Food Safety Authority (EFSA) , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Hemp Cultivation , Interim Final Rules (IFR) , Magnuson-Moss Act , Nutrition Facts Labels , Permanent Injunctions , PFAS , Plant Based Products , Produce Safety Rule , USDA

Food & Beverage Litigation Update l August 2020

U.K. to Implement New Food Advertising Standards - U.K. Prime Minister Boris Johnson has announced a series of measures aimed at limiting advertising for foods high in salt, sugar and fat. The measures include a ban on...more

8/3/2020 / Administrative Procedure Act , Advertising , Beverage Manufacturers , Counterfeit Goods Regulation , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety and Inspection Service (FSIS) , Nutrition Facts Labels , Putative Class Actions , UK , USDA

Lindsey Heinz

Shook, Hardy & Bacon L.L.P.

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