Food & Beverage Litigation & Regulatory Update

Category: Issue

  • “Italy’s #1 Brand of Pasta” Misleads Consumers, Plaintiffs Allege

    Two consumers have filed a putative class action alleging that Barilla America Inc. markets its pasta to incorrectly imply that the products are made in Italy. Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., filed June 11, 2022). The complaint asserts that consumers seek “authentic Italian-made pastas” because they “hold a certain prestige and [are]…

  • Lawsuit Challenges Cream Content of Coffee Creamer

    A consumer has filed a putative class action alleging Danone North America Public Benefit Corp. misleads consumers about the nature of its International Delight coffee creamers by labeling the products as creamers rather than non-dairy creamers. English v. Danone N. Am. Pub. Benefit Corp., No. 22-5105 (S.D.N.Y., filed June 17, 2022). The plaintiff argues that International…

  • Clif Bar & Co. to Pay $10.5 Million to Settle Sugar Class Action

    Clif Bar & Co. has submitted a settlement agreement to a California federal court seeking approval to settle a class action alleging that Clif Bars are misleadingly marketed as healthy despite containing levels of sugar beyond what consumers would expect healthy foods to contain. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed June…

  • Attorneys General Urge FDA, USDA to Take Action on Heavy Metals in Baby Food

    The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health problem long overdue for robust action: children’s exposure to neurotoxic heavy metals (lead, arsenic, cadmium, and mercury) through foods specifically designed…

  • Attorneys General File for Reconsideration of Heavy Metals Petition

    The attorneys general of 21 states have filed a petition for reconsideration for a citizen petition denied May 2, 2022, that urged the U.S. Food and Drug Administration (FDA) “to adopt a series of interim guidance measures intended to complement the long-term approach of the Closer to Zero Plan,” which aims to reduce the amount…

  • Court Dismisses Fudge Pop-Tart Complaint

    An Illinois federal court has granted Kellogg Sales Co.’s motion to dismiss a consumer’s putative class action complaint alleging that Frosted Chocolate Fudge Pop-Tarts lacked the milkfat (milk and butter) necessary for a product to be described as fudge. Reinitz v. Kellogg Sales Co., No. 21-1239 (C.D. Ill., entered June 2, 2022). As evidence for the…

  • Multiple Lawsuits Filed Against Beyond Meat for Protein Claims

    Beyond Meat Inc., producer of plant-based meat substitute products, has been hit with two lawsuits in the same week—one filed by a competitor and another filed by a group of consumers. Roberts v. Beyond Meat Inc., No. 22-2861 (N.D. Ill., E. Div., filed May 31, 2022); Don Lee Farms v. Beyond Meat Inc., No. 22-3751 (C.D.…

  • Shook Food and Beverage Practice Ranked in Chambers USA

    Chambers and Partners has listed Shook’s Food, Beverage and Agribusiness Practice as Band 4 in its USA – Nationwide rankings. According to Chambers, “The Shook, Hardy & Bacon team is respected for its representation of companies in the food and agribusiness space, including manufacturers and distributors of feed additives and animal food. The group counsels…