Category: Issue
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Plaintiff Files, Withdraws Putative Class Action Against Krispy Kreme
One day after a California resident filed a putative class action complaint against Krispy Kreme, she voluntarily dismissed the suit without prejudice with no explanation for the dismissal. Salem v. Krispy Kreme Doughnut Corp., No. 17-7487 (C.D. Cal., dismissal filed October 13, 2017). The complaint alleged that Krispy Kreme “purposefully, intentionally, and willfully” misled customers…
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Canada Reportedly Bans Soylent Sales
The Canadian Food Inspection Agency (CFIA) has reportedly banned sales and distribution of Soylent meal-replacement drinks because they “do not meet a select few of the CFIA requirements.” In a letter posted on Soylent’s website, Rosa Foods’ CEO Rob Rhinehart said the CFIA informed the company of its decision. Rhinehart said Soylent is working with…
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ASA Upholds Sausage Maker’s Claim as “The Nation’s Favourite”
The U.K. Advertising Standards Authority (ASA) has ruled that Kerry Foods Ltd.’s television advertisements for Richmond Sausages asserting that its products are “the nation’s favourite” are backed by independent third-party market research and did not breach advertising codes. After ASA received three complaints about the ads, Kerry Foods provided research showing the sausages were the…
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Wansink Study on Children’s School Lunch Choices Retracted
JAMA Pediatrics has retracted a 2012 study authored by Brian Wansink, director of Cornell University’s Food and Brand Lab, because of “inadequate oversight of data collection and pervasive errors in the analyses and reporting.” The study, published in the Archives of Pediatrics and Adolescent Medicine, reported that children ages 8-11 were about 30 percent more…
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Lawsuit Alleging Champagne Misrepresentation to Continue
A Québec court has allowed to proceed a consumer’s lawsuit alleging Sunwing Vacations Inc. misrepresented its “Champagne Service” because it served sparkling wine produced outside of the Champagne region of France. Macduff v. Sunwing Vacations Inc., No. 2017 QCCS 4540 (Québec Super. Ct., entered October 11, 2017). Sunwing argues that it uses the terms “champagne service” and…
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Errington Cheese to Avoid Prosecution for Child’s Death
Scotland’s Crown Office reportedly will not prosecute Errington Cheese for the death of a three-year-old linked to an outbreak of E. coli in 2016. A March 2017 Health Protection Scotland report apparently found Errington’s unpasteurized Dunsyre Blue cheese to be the “likely” source of the outbreak and the cause of the child’s death. The Crown…
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FDA Warns Snyder’s-Lance About Iron Content Labels
The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter indicates that FDA conducted surveillance sampling purportedly showing that the company’s single-serve cracker packages contained about half of the “10% Daily Value for iron” listed on the product…
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Court Allows ECJ Lawsuit to Proceed
A California federal court has allowed to proceed a putative class action challenging the use of “evaporated cane juice” (ECJ) on Late July Snacks LLC’s product labels on the grounds that the Sherman Act does not require reliance on allegedly deceptive misrepresentation. Swearingen v. Late July Snacks LLC, No. 13-4324 (N.D. Cal., entered October 16,…