Category: Issue 498
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Cargill to Settle Claims That “Natural” Ads for Truvia® Sweetener Are Misleading
While continuing to deny that its labeling and marketing for Truvia® sweetener products misled consumers, Cargill has apparently agreed to settle a putative nationwide class action alleging consumer fraud and breach of warranty. Martin v. Cargill, Inc., No. 13-2563 (D. Minn., preliminary agreement filed September 19, 2013). The plaintiffs claimed that the products are not…
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HFCS Producers’ Counterclaims in Sugar Producers’ Suit Remain in Play
A federal court in California has denied the motion to dismiss defendants’ counterclaims filed by plaintiff sugar producers in a dispute between them and companies that make high-fructose corn syrup (HFCS) and promoted it in a national campaign claiming that “HFCS is corn sugar,” “HFCS is natural,” and “sugar is sugar.” W. Sugar Coop. v.…
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Court Narrows Misbranding Allegations Against Dole
A federal court in California has granted in part and denied in part the motion to dismiss filed by Dole Food Co. in a putative nationwide class action alleging that the company misbrands a number of its fruit products by making certain “all natural,” “fresh,” nutrient content, antioxidant, sugar-free, and health claims, as well as…
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Court Dismisses Consumer Fraud and Related Claims Against Yogurt Maker
On reconsideration, a federal court in California has dismissed a lawsuit against Chobani, Inc., in a putative class action alleging that its yogurt products are mislabeled because they include “evaporated cane juice” (ECJ) as an ingredient and state that they have no added sugar and contain only “natural ingredients.” Kane v. Chobani, Inc., No. 12-2425…
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Eighth Circuit Upholds Alcohol Wholesalers’ Residency Requirement in Missouri
The Eighth Circuit Court of Appeals has found constitutional Missouri’s four-tier alcohol distribution system which includes a residency requirement for wholesalers, which comprise the third tier. S. Wine & Spirits of Am., Inc. v. Div. of Alcohol & Tobacco Control, No. 12-2502 (8th Cir., decided September 25, 2013). According to the court, the decision required it…
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Fourth Circuit Rules Alcohol Ad Ban Unconstitutional As Applied
A divided Fourth Circuit Court of Appeals panel has determined that a Virginia Alcohol Beverage Control Board prohibition on alcohol advertisements in college newspapers, as applied, violates the First Amendment rights of two campus newspapers because the majority of the papers’ readers are age 21 or older, and thus the rule is “not appropriately tailored…
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San Francisco Supervisor Wants Report on SSB Consumption
San Francisco Supervisor Eric Mar has reportedly requested a study from the Budget and Legislative Analyst’s office analyzing the impact of sugar-sweetened beverages (SSBs) on Bay Area residents’ health and health care costs, as well as summarizing what initiatives other U.S. cities have taken to reduce consumption of soft drinks, sweet teas and sports drinks.…