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Consumer Fraud Food Labeling

ArentFox Schiff

Honey I Shrunk the Whisky? Class Action Alleges Fraud over Mini Bottle Labeling

ArentFox Schiff on

An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more

Shook, Hardy & Bacon L.L.P.

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

Fox Rothschild LLP

Pasta Company In Hot Water Over Company’s Slogan “Italy’s #1 Brand of Pasta”

Fox Rothschild LLP on

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising....more

Faegre Drinker Biddle & Reath LLP

Northern District of California Sours Plaintiff’s Claims against “Vanilla” Soymilk Maker

The Northern District of California recently dismissed a Plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product, but left the proverbial door open for the filing of an amended pleading. ...more

Faegre Drinker Biddle & Reath LLP

“Fruit Puree” Held a Fair Game First Ingredient in Fruit Snacks Label by California Court of Appeal

The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more

King & Spalding

Ninth Circuit Holds That Use of the Word “Diet” to Describe Soft Drinks Would Not Mislead Reasonable Consumer

King & Spalding on

On December 30, 2019, the Ninth Circuit held that Dr. Pepper’s use of the word “diet” to describe one of its soft drinks was not an implicit weight-loss promise that would deceive a reasonable consumer. - In October...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more

Carlton Fields

Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny

Carlton Fields on

The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed by an aptly named Dr. Belch....more

Bilzin Sumberg

New York Court Dismisses False “GMO” Advertising Suit

Bilzin Sumberg on

Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) - The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more

McDermott Will & Emery

Expansion of Liability in Product Labeling Cases

McDermott Will & Emery on

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

Morrison & Foerster LLP

California Supreme Court Opens the Door to Organic Mislabeling Claims

Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may...more

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