Category: Issue 695
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Challenge to Ginger Content in Canada Dry to Continue
A California federal court has granted partial summary judgment in a class action alleging Keurig Dr Pepper falsely marketed Canada Dry as “Made from Real Ginger.” Fitzhenry-Russell v. Keurig Dr Pepper Inc., No. 17-0564 (N.D. Cal., entered November 2, 2018). The court considered the results of multiple consumer surveys aiming to determine whether a reasonable…
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“Vegan Butter” is not Butter, Plaintiff Argues
A consumer asserts that Miyoko’s Kitchen Inc.’s “vegan butter” misleads consumers into believing the product is “a ‘form’ of butter” despite lacking “any milk or dairy ingredients and the functional, nutritional, sensory and organoleptic attributes which consumers associate with butter.” Brown v. Miyoko’s Kitchen Inc., No. 18-6079 (E.D.N.Y., filed October 30, 2018). The products “bask…
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Plaintiff Alleges “Octopus” Products Are A “Bait-and-Switch”
A consumer has alleged that Iberia Foods misleads consumers by substituting giant squid for octopus in three of its octopus products. Zapata Fonseca v. Iberia Foods Corp., No. 18-6279 (E.D.N.Y., filed November 5, 2018). The plaintiff’s putative class action asserts that Iberia and its supplier, Orbe, either knew or should have known that the products…
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Mott’s Applesauce Not “Natural,” Plaintiff Alleges
A consumer has filed a putative class action alleging that Mott’s Applesauce and Apple Juice products are mislabeled as “natural” because they contain traces of an insecticide. Yu v. Dr Pepper Snapple Grp. Inc., No. 18-6664 (N.D. Cal., San Jose Div., filed November 1, 2018). The plaintiff alleges that reasonable consumers would not expect to…
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Sunkist, Welch’s Fruit Snacks Makers Settle Trademark Dispute
Kervan USA has agreed to change the packaging of its Sunkist fruit snacks and the shape of its candy following a lawsuit filed by Promotion in Motion Inc., which produces Welch’s fruit snacks. Promotion in Motion Inc. v. Kervan USA LLC, No. 18-11670 (D.N.J., entered November 6, 2018). Kervan will change the background color of…
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Researchers Aim to Find “Optimal Tax Levels” to Combat Effects of Meat on Health
U.K. and U.S. researchers have published a study on “a market-based approach of taxing red and processed meat according to its health impacts.” Springmann et al., “Health-motivated taxes on red and processed meat: A modelling study on optimal tax levels and associated health impacts,” PLOS One, November 6, 2018. The researchers predict that meat-related health…
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Report Predicts Large Market for Cannabis-Infused Products
Food Navigator reports that a market research company has predicted a “coming flood of mainstream investment in cannabis in general and the edibles sector in particular.” The firm suggests that legalization of cannabis products across the United States could create a market between $40 billion and $70 billion. Growth in the edibles category outpaced growth…
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Ban on SSB Taxes Passes in Washington, Fails in Oregon
Washington voters have reportedly approved a ballot measure that will prevent the state legislature from implementing a tax on sugar-sweetened beverages (SSBs). The measure will not repeal Seattle’s tax but will prevent other local governments within the state from imposing new SSB taxes. A similar initiative in Oregon failed to pass; critics of the measure…