Category: Issue 672
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Plaintiff Alleges Clif Bars “Dangerously” High in Added Sugar
Plaintiffs in California and New York have filed a putative class action alleging Clif Bar & Co. “omits, intentionally distracts from, and otherwise downplays” the “high added sugar content” of Clif Classic and Clif Kid bars. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed April 19, 2018). The complaint asserts that the…
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Jack Daniel’s Alleges Rival Infringed Trademarks, Trade Dress
The maker of Jack Daniel’s has filed suit against two Texas companies alleging they infringed the Tennessee whiskey’s trademark and trade dress by selling a line of whiskies in similarly shaped bottles with similar labeling. Jack Daniel’s Props., Inc., v. Dynasty Spirits, Inc., No. 18-2400 (N.D. Cal., filed April 20, 2018). The complaint alleges that…
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Vintner Alleges Colorado Wine Industry Development Fee is Illegal Tax
A vintner has filed a lawsuit alleging Colorado’s “wine development fee,” charged to wholesalers, is an unconstitutional excise tax. Vineland Corp. v. Colorado, No. 18-30199 (Colo. D.C., filed April 24, 2018). Since 1990, Colorado has imposed a 10-year renewable excise tax of one cent per liter on all vinous liquors sold in the state. In…
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Consumer Challenges Salt & Vinegar Flavor
Kellogg Co. faces a putative class action alleging its Salt & Vinegar Pringles are mislabeled as containing “No Artificial Flavors” because the nutrition label identifies two artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., filed April 20, 2018). The complaint asserts that although both sodium diacetate and malic acid can occur in nature, the sodium…
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Court Denies Dr Pepper’s Motion to Dismiss Ginger Ale Suit
A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging…
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France Bans Meat and Dairy Terms for Plant-Based Foods
The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon. The measure follows a 2017 European Court of Justice ruling that plant-based products cannot be marketed with terms such as “milk” or “butter.” Violations of the ban may lead…
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Organic Egg Producer Petitions FDA To Label Eggs as Healthy
An organic egg producer has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to update the definition of “healthy” to be consistent with scientific evidence and the 2015-2020 Dietary Guidelines for America (DGA). Specifically, Pete and Gerry’s Organics LLC asks FDA to amend the Food, Drug and Cosmetic Act to allow eggs,…
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European Parliament Adopts Organic Food Rules
The European Parliament has adopted rules governing the certification and labeling of organic foods, including supply chain checks and updated standards for organic foods imported from non-EU countries. The rules also cover plant seeds, allowing producers to offer locally adapted traditional varieties for sale and use. “Organic standards are already very high, but consumer confidence can best…