Food & Beverage Litigation & Regulatory Update

Category: Issue 674

  • Wine Needs No Additional Prop. 65 Warning for Arsenic, Appeals Court Confirms

    A California appeals court has affirmed a lower court’s dismissal of a lawsuit asserting that Sutter Home Winery Inc.’s wine should feature a warning about arsenic content pursuant to the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Charles v. Sutter Home Winery Inc., No. B275295 (Cal. App. Ct., 2nd Dist.,…

  • Florida Challenges Restaurant’s “Farm-To-Table” Claim

    The Florida attorney general has filed a lawsuit alleging Miami-based Icebox Cafe violated the state’s Deceptive and Unfair Trade Practices Act by advertising its food and beverage items as locally sourced and “farm-to-table” while the ingredients were purchased from traditional commercial vendors. Office of the Attorney Gen. v. Icebox Cafe LC, No. __ (Fla. Cir. Ct., Miami-Dade…

  • Trader Joe’s in Mislabeling, Trademark Disputes

    A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…

  • Plaintiff Alleges Hazelnut Coffee Lacks Front-of-Package Flavoring Disclosure

    A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in…

  • Employee Files Biometric Privacy Suit Against Beverage Retailer

    Binny’s Beverage Depot faces a putative class action alleging the company violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and sharing employee biometric information without informed consent. Burger v. Gold Standard Enters., Inc., No. 2018CH05904 (Ill. Ch. Ct., Cook Cty., filed May 7, 2018). The plaintiff alleges that Binny’s established a fingerprint-based time-clock program and…

  • FDA Issues Supplemental Guidance for Menu Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of FDA’s intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position “because the current science supports a view that the type of fat is more relevant…