News & Analysis as of

Food Labeling All Natural

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

Epstein Becker & Green on

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

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

Holland & Knight LLP on

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

Bilzin Sumberg

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

Bilzin Sumberg on

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

Perkins Coie

Sugar by Any Other Name: Plaintiff’s Recent Challenge to “Dehydrated Cane Juice Solids” Fails

Perkins Coie on

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

Proskauer - Advertising Law

Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit

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

Foley & Lardner LLP

New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims

Foley & Lardner LLP on

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

Proskauer - Advertising Law

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2020 #3

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

Perkins Coie

PC Food Litigation Index: Q2 2020

Perkins Coie on

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

Womble Bond Dickinson

Manufacturers of “All Natural” Products Face Mounting Litigation

Womble Bond Dickinson on

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

Proskauer - Advertising Law

Hershey Kisses Chocolate Mislabeling Suit Goodbye

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

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

King & Spalding on

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

Alston & Bird

Food & Beverage Digest – September 2019

Alston & Bird on

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

Perkins Coie

PC Food Litigation Index: August 2019

Perkins Coie on

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

Perkins Coie

Industry Insights: Putting “Pure” Claims in Context

Perkins Coie on

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

Morrison & Foerster LLP - Class Dismissed

“Natural” Complaint Barks Up the Wrong Tree

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

BakerHostetler

AD-ttorneys@law

BakerHostetler on

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

BakerHostetler

Judge Rules That USDA’s Approval of “Natural” Label Claims Protects Same Claims Used in Advertising

BakerHostetler on

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

Patterson Belknap Webb & Tyler LLP

Two Big Reasons Courts Dismiss Suits Alleging the Presence of Harmful Ingredients

“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

Carlton Fields

Food for Thought: A Review of 2018 Litigation

Carlton Fields on

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

Proskauer - Advertising Law

Snack Bar Class Action Powers On After USDA Action and FDA Inaction

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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019 #3

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

Proskauer - Advertising Law

State of Nature: District Courts Diverge in Treatment of “Natural” False Advertising Claims

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

Perkins Coie

PC Food Litigation Index: December 2018

Perkins Coie on

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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019

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

86 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide