Category: Issue
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NAD Finds Perdue “Free Range,” “All-Veggie” Ads Misleading
The National Advertising Division (NAD) has recommended that Perdue Farms Inc. modify or discontinue broadcast and YouTube advertisements for the company’s Harvestland Organic chicken, finding the ads could mislead consumers into believing all Perdue chicken is organically raised. NAD found that the company’s “Free Range” and “All-Veggie Diet” ads featured “general brand references” to Perdue but…
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USDA Proposes Amendment to Allowed Organic Substances in Livestock
The U.S. Department of Agriculture (USDA) has proposed amending the National List of Allowed and Prohibited Substances to approve elemental sulfur for use in organic livestock production as a topical parasiticide for fleas, ticks and mites. The proposal would also reclassify potassium acid tartrate from a non-agricultural substance to an agricultural substance and require use of…
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FDA Changes Common Name for Crabmeat
The U.S. Food and Drug Administration (FDA) has announced a change to the common name “brown king crabmeat,” derived from Lithodes aequispinus. Effective May 3, 2018, the common and usual name for crabmeat previously described as “brown king crabmeat” has been changed to “golden king crabmeat.” The compliance date for the changes is January 1, 2020.
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Plaintiff Alleges Clif Bars “Dangerously” High in Added Sugar
Plaintiffs in California and New York have filed a putative class action alleging Clif Bar & Co. “omits, intentionally distracts from, and otherwise downplays” the “high added sugar content” of Clif Classic and Clif Kid bars. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed April 19, 2018). The complaint asserts that the…
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Jack Daniel’s Alleges Rival Infringed Trademarks, Trade Dress
The maker of Jack Daniel’s has filed suit against two Texas companies alleging they infringed the Tennessee whiskey’s trademark and trade dress by selling a line of whiskies in similarly shaped bottles with similar labeling. Jack Daniel’s Props., Inc., v. Dynasty Spirits, Inc., No. 18-2400 (N.D. Cal., filed April 20, 2018). The complaint alleges that…
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Vintner Alleges Colorado Wine Industry Development Fee is Illegal Tax
A vintner has filed a lawsuit alleging Colorado’s “wine development fee,” charged to wholesalers, is an unconstitutional excise tax. Vineland Corp. v. Colorado, No. 18-30199 (Colo. D.C., filed April 24, 2018). Since 1990, Colorado has imposed a 10-year renewable excise tax of one cent per liter on all vinous liquors sold in the state. In…
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Consumer Challenges Salt & Vinegar Flavor
Kellogg Co. faces a putative class action alleging its Salt & Vinegar Pringles are mislabeled as containing “No Artificial Flavors” because the nutrition label identifies two artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., filed April 20, 2018). The complaint asserts that although both sodium diacetate and malic acid can occur in nature, the sodium…
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Court Denies Dr Pepper’s Motion to Dismiss Ginger Ale Suit
A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging…