Category: Issue 680
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California Bans New Soda Taxes
California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes or fees on groceries, including “carbonated and noncarbonated nonalcoholic beverages,” until January 1, 2031. The law, which exempts taxes that do not specifically refer to groceries as a target classification, also invalidates any…
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Whole Foods Juice Allegations to Proceed on “Fresh,” “Unpasteurized” Claims
A New York federal court has dismissed some allegations in a lawsuit alleging Whole Foods Market Group Inc. and Freshbev LLC mislabeled juice products but will allow three claims to proceed. Campbell v. Freshbev LLC, No. 16-7119 (E.D.N.Y., entered July 2, 2018). The plaintiff alleged that the companies mislabeled the juices as unpasteurized, cold-pressed and fresh and…
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Plaintiffs Allege Campbell’s “No Preservatives” Soups Contain Chemical Preservatives
Campbell Soup Co. faces a putative class action alleging that it deceptively markets its soups as having “No Preservatives Added” or being “Made With Patience, Not Preservatives” despite containing citric acid, ascorbic acid or other preservatives. Cabrega v. Campbell Soup Co., No. 18-3827 (E.D.N.Y., filed July 2, 2018). The complaint alleges that such statements violate consumer-protection statutes…
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Lawsuit Challenges Kerrygold Butter’s Made From “Grass-Fed Cows” Claim
A consumer has filed a putative class action alleging Ornua Foods North America misleadingly marketed its Kerrygold butter as produced from grass-fed cows because the cows are fed for part of the year with soy, corn and other grains. Myers-Taylor v. Ornua Foods N. Am., No. 18-1538 (S.D. Cal., filed July 6, 2018). The plaintiff asserts Ornua…
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Consumer Reports Survey Finds Preference for Use of “Lab Grown Meat” Over “Clean Meat”
Consumers Union has announced the results of a phone survey asking consumers how meat products created from cultured animal cells in a laboratory should be labeled. The survey purportedly found that 49 percent of respondents indicated that the products should be labeled as meat with an explanation of its production and 40 percent answered that…
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Plaintiff Alleges Good Health Veggie Snacks Are Not Healthy
Utz Quality Foods LLC and Good Health Natural Products Inc. face a potential class action alleging that the companies replaced a blend of vegetable-derived ingredients with synthetic additives in their Extra Goodness! products, including vegetable straws and chips. Feldman v. Utz Quality Foods, LLC, No. 18-6004 (S.D.N.Y., filed July 3, 2018). The complaint alleges that the companies…
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France Targets Non-French Wine, Champagne
France’s Institut National de l’Origine et de la Qualité has filed an opposition with the U.S. Trademark Trial and Appeal Board contesting Teastream LLC’s application to register “Champagne’s Sober Cousin” for tea products. Institut National de l’Origine et de la Qualité v. Teastream LLC, No. 91241975 (T.T.A.B., opposition filed June 25, 2018). The French agency…
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Seattle Plastic Straw, Utensils Ban Takes Effect
Seattle’s ban on plastic straws and utensils took effect July 1, 2018, after the expiration of an exemption in a 2008 law requiring one-time-use food-service items to be compostable or recyclable. The law, which includes a medical necessity exception, can impose fines of $250 on businesses that fail to comply. Other U.S. cities have considered…