Food & Beverage Litigation & Regulatory Update

Category: Issue

  • Missouri Plaintiff Challenges “Fruit” in Kellogg’s Fruit & Yogurt Special K®

    A consumer has filed a putative class action alleging Kellogg Co.’s Special K® Fruit & Yogurt cereal is misleadingly labeled with pictures of strawberries and blackberries despite that dried apples are listed as the only fruit contained in the product. George v. Kellogg Co., No. 16-1887 (E.D. Mo., removed to federal court December 1, 2016).…

  • Counterfeiters of 5-Hour Energy Convicted

    Two people have been convicted of conspiracy in charges related to a scheme to distribute counterfeit 5-Hour Energy drinks. United States v. Shayota, No. 15-0264 (N.D. Cal., verdict entered November 28, 2016). The couple, Joseph and Adriana Shayota, produced several million bottles of a drink manufactured under unsanitary conditions and labeled the drink with 5-Hour…

  • Old Charter Bourbon Misrepresented as Aged for 8 Years, Projected Class Action Alleges

    A consumer has filed a putative class action against Buffalo Trace Distillery, Inc., Old Charter Distillery Co. and Sazerac Co. alleging the companies misrepresent Old Charter Bourbon as aged for eight years before entering the market. Parker v. Buffalo Trace Distillery, Inc., No. 16-8986 (S.D.N.Y., filed November 18, 2016). The complaint argues that Old Charter…

  • Chipotle Customers Argue Chorizo Poster Misrepresented Calorie Count

    Three consumers have filed a lawsuit against Chipotle Mexican Grill, Inc. alleging the company misrepresents the calorie counts of its food in store menus, boards and advertising. Desmond v. Chipotle Mexican Grill, Inc., No. BC640700 (Cal. Super. Ct., Los Angeles Cty., filed November 15, 2016). The complaint asserts that the defendants each relied upon a…

  • Olive Oil Industry Group Sues Dr. Oz

    The North American Olive Oil Association (NAOOA) has filed a lawsuit against Mehmet Oz of “The Dr. Oz Show” alleging he falsely told his audience in a May 2016 episode that 80 percent of olive oil sold in supermarkets is fraudulent. N. Am. Olive Oil Ass’n v. Oz, No. 283156 (Ga. Super. Ct., Fulton Cty.,…

  • CSPI Urges USDA to Label Processed Meat and Poultry Products with Cancer Warnings

    The Center for Science in the Public Interest (CSPI) has petitioned the U.S. Department of Agriculture (USDA) for “a Label on Processed Meat and Poultry Products Warning the Public that Frequent Consumption May Increase the Risk of Colorectal Cancer.” Citing the International Agency for Research on Cancer’s finding that smoked, salted and/or cured bacon, hot…

  • Bean Product Labeling Misled Consumers, Slack-Fill Putative Class Action Alleges

    Two consumers have filed a projected class action against Arizona Canning Co. alleging that the image of a bowl full of beans on its Sun Vista products misleads consumers into believing the can is filled completely with beans rather than filled with some beans and a large amount of water. Beckman v. Ariz. Canning Co.,…

  • DOJ Sues Potato Company for Alleged Discrimination Against Immigrants

    The U.S. Department of Justice has filed a lawsuit against two Washington companies—Washington Potato and Pasco Processing—for allegedly discriminating against immigrants during the employment eligibility verification process. United States v. Wash. Potato Co., No. 16-1320 (D.O.J., filed November 14, 2016). The complaint alleges the companies required non-U.S. citizens to submit specific documentation to process the…