Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more
Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more
In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
Health-conscious consumers continue to challenge the sugar content in foods, including sugar appearing in other forms, such as “dehydrated cane juice solids.” But as one recent case shows, calling sugar by another name is not...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?...more
Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and...more
Schumer Urges USDA To Delay Hemp Rule - U.S. Sen. Chuck Schumer (D-N.Y.) has called on the U.S. Department of Agriculture (USDA) to “delay the issuance of a U.S. Domestic Hemp Production Program final rule until 2022 and...more
The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19...more
Lawsuits against Tom’s of Maine (Tom’s) and Colgate-Palmolive Co. (Colgate), the parent company of Tom’s, have made news of late and raise concerns over representations about “natural” products on package labeling. ...more
A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113...more
Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases buzzing...more
As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more
In recent years, we have tracked numerous cases that claimed food products marketed as “pure” did not have the marketed levels of purity. From water to cheese to honey products, “pure” claims have led to challenges in federal...more
A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of...more
Indiana AG Itchy About Scratch-Off Switcheroo - Sues direct mailing company that allegedly offered fake wins to a ton of Hoosiers - You get a car! And you get a car! Hopkins & Raines Inc. (H&R), a direct mail company...more
On April 8, 2019, a judge in the Superior Court of the District of Columbia, Civil Division, granted summary judgment to Hormel Food Corporation (Hormel) in a case filed by the Animal Legal Defense Fund (ALDF) on the grounds...more
“Contains detectable levels of the weed-killer chemical glyphosate.” “Contains limonene, which causes kidney toxicity and tumors, and linalool, a cockroach insecticide.” “Contains a potent biocide and endocrine disruptor,...more
2018 Food Industry Decisions with Bite - Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this...more
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York lifted a years-long stay in a lawsuit against...more
LEGISLATION, REGULATIONS & STANDARDS - CBD Banned from New York Restaurants, in Limbo in Idaho - New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more
Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term “natural” for food products underscore the difficulty in predicting the likelihood of achieving an early stage...more
Consumer class action suits continue to target food products that plaintiffs allege don’t actually contain the ingredients highlighted in their labels. For example, in one such false fact case last month, the plaintiff argued...more
LEGISLATION, REGULATIONS & STANDARDS - U.K. Launches Consultation On Allergen Labeling - The U.K. Food Standards Agency has opened a public consultation on labeling allergens on prepared food products. ...more