Category: Issue 784
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Court Dismisses Coffee Serving-Size Case
A New York federal court has dismissed a lawsuit alleging that customers of Big Lots Inc. were misled by the packaging of Fresh Finds Colombian coffee. Devey v. Big Lots Inc., No. 21-6688 (W.D.N.Y., entered October 12, 2022). The plaintiff asserted that the canisters of coffee she purchased stated that the contents could produce “up…
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FTC Holds Forum on Advertising to Children
On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital landscape. This issue is one that affects many industries, including the food and beverage industry. Indeed, there is a program administered by…
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Consumer Suit Targets Artificial Flavoring in Jalapeño Poppers
An Illinois consumer has brought a proposed class action against Herr Foods Inc., alleging the packaging of its jalapeño-poppers-flavored cheese curls misleads consumers as to the source of the product’s flavoring. Forlenza v. Herr Foods Inc., No. 22-5278 (N.D. Ill., filed September 27, 2022) The plaintiff asserted in the complaint that consumers have a hierarchy…
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Kombucha Maker Accused of Misleading Consumers on Products’ Alcohol Content
A group of consumers have filed a proposed class action against a North Carolina kombucha company, alleging the company misleads consumers as to the alcohol content of its beverages. Burke v. Tribucha, Inc., No. 22-0406 (E.D.N.C., filed October 6, 2022). Kombucha is a fermented tea drink that, when made without pasteurization, can develop a high…
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Court Sides with Tofurky, Blocks Arkansas from Enforcing Meat Labeling Law
A federal court has blocked the state of Arkansas from enforcing a 2019 law that made it illegal for companies to use words like “burger” or “sausage” to describe products not made from animals. Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., entered September 30, 2022). The ruling was in a lawsuit brought…
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‘Texas Pete’ Hot Sauce Labeling Misrepresents Product’s Origin, Suit Alleges
A California man has sued the maker of Texas Pete-brand hot sauce products, alleging the company deceptively advertises itself as having Texas ties, while it is in fact made in North Carolina. White v. T.W. Garner Food Co., No 22-6503 (C.D. Cal., filed September 12, 2022). The plaintiff has brought a proposed class action against…
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Consumer Groups Sue for Alcohol Labeling Requirements
Three consumer groups have filed suit against the U.S. government urging action on a nearly two-decade-old petition seeking greater transparency in alcohol labeling. Center for Science in the Public Interest v. U.S. Dep’t of Treasury, No. 22-2975 (D.D.C., filed October 3, 2022). The plaintiffs—the Center for Science in the Public Interest, Consumer Federation of America…
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Public Meeting Announced for National Advisory Committee on Microbiological Criteria for Foods
The U.S. Department of Agriculture has announced a November 15, 2022, public meeting to discuss and vote on adopting measures related to controlling Salmonella in poultry products. The meeting will also include an update on actions related to Cyclospora cayetanensis as well as an additional work charge on Cronobacter in powdered infant formula. Parties interested in expressing comments…