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
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
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
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
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
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
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
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
Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
Newman v. Dierbergs Markets, Inc., No. 1822-CC00194 (Mo. Cir. Ct. – St. Louis): Putative class action asserting violations of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff...more
NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more
Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more
In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most...more
FTC Rules Against "All Natural" Sunscreen Maker - In a final order, the Federal Trade Commission granted summary decision against California Naturel, Inc. for falsely advertising its sunscreen products as "all natural"...more
New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat...more
On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more
Massachusetts Federal Court Dismisses Putative Class Action Because Defendant’s Unconditional Checks for Named Plaintiff’s Maximum Damages, Even Though Uncashed, Mooted Suit - In Demmler v. ACH Food Companies, Civil No....more
In Brazil v. Dole, No. 14-17480 (9th Cir. Sept. 30, 2016), the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part three different orders issued by the U.S. District Court for the...more
The Federal Trade Commission has approved four final consent orders against companies that allegedly misrepresented their personal care products as "All-Natural" or "100% Natural," despite the fact that they contain man-made...more
Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement. The Federal Trade Commission announced five cases this week with companies that market their products as “all...more
Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
Ad Group to FTC: Keep Right to Be Forgotten Out of U.S. - Responding to a petition filed by Consumer Watchdog with the Federal Trade Commission seeking an expansion of the “Right to Be Forgotten” to the United States,...more
THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more
Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more