Food & Beverage Litigation & Regulatory Update

Category: Issue 694

  • Use of Malic Acid is Factual Issue, Court Holds

    A California federal court has refused to dismiss a putative class action alleging Ocean Spray Cranberries Inc. misled consumers by marketing its products as free from artificial flavors despite containing malic acid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., entered October 30, 2018). Ocean Spray moved to dismiss the allegations, arguing that…

  • Lawsuit Alleges Capri Sun Misleads Consumers on Preservative Content

    Two consumers have filed a putative class action alleging that Kraft Heinz Food Co. misleads consumers by marketing Capri Sun beverages as free of preservatives despite containing citric acid. Tarzian v. Kraft Heinz Food Co., No. 18-7148 (N.D. Ill., E. Div., filed October 25, 2018). “Citric acid serves as a preservative by functioning as an…

  • Lenny & Larry’s Settles Cookie Class Action

    Lenny & Larry’s Inc. has agreed to pay $1.85 million in cash and $3.15 million in free products to settle a lawsuit alleging that its Complete Cookie did not provide the advertised amount of protein. Cowen v. Lenny & Larry’s Inc., No. 17-1530 (N.D. Ill., E. Div., motion filed September 25, 2018). Under the settlement…

  • FDA Announces Plan to “Advance Plant, Animal Biotechnology Innovation”

    U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has issued a statement announcing the agency’s Plant and Animal Biotechnology Innovation Action Plan. Gottlieb describes the plan as identifying priorities in three areas: (i) “advancing human and animal health by promoting product innovation and applying modern, efficient and risk-based regulatory pathways;” (ii) “strengthening public outreach…

  • EU, U.K. Approve Limits on Single-Use Plastics

    The European Parliament has approved a ban on several types of single-use plastics that is reportedly expected to take effect by 2021. The ban will apply to plastic cutlery, plates, straws and drink stirrers, and the measure also calls for a reduction in plastic cups and other single-use plastic containers used for food and beverages.…

  • FDA Accepting Data Submissions on Sesame Allergies

    The U.S. Food and Drug Administration (FDA) has requested comments on “the prevalence and severity of sesame allergies in the United States and the prevalence of sesame-containing foods sold in the United States that are not required to disclose sesame as an ingredient.” The announcement cites a 2014 petition submitted by the Center for Science…