Category: Issue
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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 Among the announced topics are (i) “Proposed draft Guidance for the Labelling of Non-Retail Containers”; (ii) “Proposed draft…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…
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Hot Sauce Company Alleges Infringement by THC-Containing Sauce
Tapatio Foods has filed a trademark infringement lawsuit alleging that Tiowaxy Hot Sauce is sold with a similarly designed label, confusing consumers and causing brand tarnishment to Tapatio’s hot sauce. Tapatio Foods v. Alfarh, No. 19-0335 (E.D. Cal., filed March 11, 2019). Tapatio alleges that Tiowaxy’s label infringes because it also features a man in…
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Second Circuit Confirms Diet Soda Dismissal
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a lawsuit alleging that the name “Diet Pepsi” misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). “The studies cited by the complaint establish,…
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Whole Foods Settles Kombucha Lawsuit
Whole Foods Market Inc. and Health-Ade LLC have agreed to pay $4 million to settle allegations that Health-Ade labels its kombucha as non-alcoholic despite containing “more alcohol than permitted for non-alcoholic beverages.” Bayol v. Health-Ade LLC, No. 18-1462 (N.D. Cal., filed March 15, 2019). Under the agreement, class members can receive $4 for each bottle…
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Study Correlates SSB Consumption and Early Death
Researchers in Circulation reported finding a correlation between a higher risk of total mortality in American adults and regular consumption of SSBs. Malik et al., “Long-Term Consumption of Sugar-Sweetened and Artificially Sweetened Beverages and Risk of Mortality in US Adults,” Circulation, March 18, 2019. “Consumption of SSBs was positively associated with mortality primarily through [cardiovascular…