Category: Issue 708
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“Organic Restaurant” Only Uses Some Organic Ingredients, Plaintiff Alleges
A consumer has filed a putative class action alleging that Bareburger Group misrepresents its restaurants as selling only organic food despite using some non-organic ingredients in its products. Rosenberg v. Bareburger Grp., No. 19-1634 (E.D.N.Y., filed March 22, 2019). The plaintiff and Bareburger were the subjects of a New York Times article in August 2018…
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“Heart-Check Mark” StarKist Lawsuit to Continue
A lawsuit alleging that StarKist misleads consumers by paying to feature the American Heart Association’s (AHA’s) Heart-Check Mark will continue after a New York federal court refused to dismiss the complaint. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., entered March 25, 2019). The court refused to dismiss the plaintiff’s allegation that the Heart-Check Mark materially…
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California Courts Grant Certification to Mike & Ike Buyers, Deny Veggie Burger Purchasers
A California federal court has granted certification to a class of Mike & Ike purchasers in a lawsuit alleging that the candy boxes contain too much non-functional slack-fill. Escobar v. Just Born Inc., No. 17-1826 (C.D. Cal., W. Div., entered March 25, 2019). The plaintiff had alleged that the box of Mike & Ike candies…
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Medical Groups Call for SSB Taxes
The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened beverages (SSBs) and a decrease in SSB marketing to children. The report states that U.S. children consume 17 percent of their calories “from added sugars, nearly half of which are from sugary drinks,” which are…
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Lawsuit Alleges TGI Friday’s “Potato Skins” Lack Potato Skins, a “Healthier Snack”
A consumer has alleged that TGI Friday’s Inc. misleads consumers with the name of its “Potato Skins,” including the “Cheddar & Bacon,” “Bacon Ranch” and “Sour Cream & Onion” varieties, because the products contain only “potato flakes” and “potato starch.” Troncoso v. TGI Friday’s Inc., No. 19-2735 (S.D.N.Y., filed March 27, 2019). The plaintiff alleges…
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Beer Institute Alleges Aluminum Sellers Overcharge Beverage Canners
The Beer Institute has alleged that aluminum companies have been charging tariff prices to beverage companies that can their products despite the tariff only applying to a portion of the aluminum in their cans. The tariff is imposed on imported aluminum scrap, which accounts for about 30 percent of the aluminum used to create beverage…
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Codex Meeting on Food Labeling Scheduled
The U.S. Department of Agriculture has announced an April 9, 2019, public meeting to receive comments on the United States’ positions for the Codex Committee on Food Labelling meeting to be held in Canada in May 2019. Among the announced topics are (i) “Proposed draft Guidance for the Labelling of Non-Retail Containers”; (ii) “Proposed draft…
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French Authorities Challenge Source of Kiwis in “Kiwigate”
French fraud investigators have reportedly accused seven kiwi suppliers of stamping kiwis imported from Italy as “French origin.” French authorities apparently noticed an influx of French kiwis on the market during the off-season for the fruit, leading them to investigate where the kiwis were sourced. According to The Guardian, investigators found that 12 percent of…