Category: Issue
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Coconut Beverage’s “Healthy” Marketing Misleads, Consumer Alleges
A consumer has filed a putative class action alleging that The Hain Celestial Group’s Coconut Dream, “a coconut ‘milk’ style drink that is primarily coconut oil (or coconut oil and added sugar) in water,” is marketed to appeal to health-conscious consumers despite being “basically saturated fat (or saturated fat and added sugar).” Andrade-Heymsfield v. Hain…
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Sugarfina, Sweet Pete’s Settle IP Dispute
Sugarfina and Sweet Pete’s have reached an agreement to settle allegations that Sweet Pete’s infringed Sugarfina’s trademarks, copyrights, patent and trade dress by copying the “museum-quality Lucite” used to package its candies. Sugarfina Inc. v. Sweet Pete’s, No. 17-4456 (C.D. Cal., settlement notice filed March 5, 2019). Under the agreement, Sweet Pete’s will pay $2…
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FDA Lifts Import Alert on GE Salmon
The U.S. Food and Drug Administration (FDA) has deactivated an import alert that prevented the introduction of genetically engineered (GE) salmon into interstate commerce. The agency’s statement indicates that it placed the ban in 2016 with the intention of lifting it when standards for labeling GE food were finalized. With the implementation of the National…
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Kind Petitions FDA to Revise Nutrient Content Claims
Kind LLC has submitted a citizen petition urging the U.S. Food and Drug Administration (FDA) to require disclosure of added sugar and trans fat on food packaging and remove the required disclosures for total fat and cholesterol. In addition, the petition recommends that FDA “[r]evise its nutrient content claim regulations to only allow a food…
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USDA, HHS Announce 2020 Dietary Guidelines Meeting
The U.S. Department of Agriculture (USDA) and Health and Human Services (HHS) have announced the first meeting of the 2020 Dietary Guidelines Advisory Committee and the opening of the public comment period on the development of the updated guidelines. The March 28-29, 2019, meeting is open to the public and is the first of five…
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Magnum Coffee’s “Kona” Blend Challenged
A consumer has filed a putative class action alleging that L & K Coffee Co. misleads consumers by selling a blend of coffee it labels as “Kona,” which allegedly refers to a distinctive geographic region in Hawaii. Faison v. L & K Coffee Co., No. 19-1248 (E.D.N.Y., filed March 3, 2019). The complaint asserts that…
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Ferrara Settles SweeTart Malic Acid Litigation
A California federal court has preliminarily approved a settlement agreement between a consumer and Ferrara Candy Co. alleging the company misleadingly advertised its SweeTarts as free of artificial flavors despite containing malic acid. Littlejohn v. Ferrara Candy Co., No. 18-0658 (S.D. Cal., entered February 28, 2019). Under the agreement, Ferrara will remove the phrase “no…
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In-N-Out Sues Puma for Alleged Infringement
In-N-Out Burgers has filed a lawsuit alleging that Puma North America Inc. infringed its trademarks and trade dress with two pairs of shoes called “California Drive Thru” and “Cali-0 Drive Thru.” In-N-Out Burgers v. Puma N. Am. Inc., No. 19-0413 (C.D. Cal., filed March 1, 2019). The shoes feature shades of red and yellow similar…