Food & Beverage Litigation & Regulatory Update

Category: 2nd Circuit

  • Federal Court Dismisses “Natural” Labeling Suit Against Dannon

    A New York federal court has dismissed a false labeling suit against Dannon Co., finding “no legal support for the idea that a cow that eats [genetically modified organism (GMO)] feed or is subjected to hormones or various animal husbandry practices produces ‘unnatural’ products.” Podpeskar v. Dannon Co. Inc., No. 16-8478 (S.D.N.Y., entered December 3,…

  • Lawsuit Challenges NYC Deductions Bill

    The National Restaurant Association (NRA) has filed a lawsuit seeking to invalidate a New York City law requiring fast-food restaurants to remit voluntary deductions from employees’ wages to nonprofit groups, including “ideological and political organizations with whom those employers may and do disagree.” Rest. Law Ctr. v. City of New York, No. 17-9128 (S.D.N.Y., filed November…

  • Grocery Websites Inaccessible to Blind, Plaintiff Alleges

    Two grocery chains face similar lawsuits filed by a New York plaintiff who argues the stores’ websites are inaccessible to the blind or visually impaired, allegedly violating the Americans with Disabilities Act (ADA). Jorge v. Key Food Mkt., Inc., No. 17-9306 (S.D.N.Y., filed November 28, 2017); Jorge v. Fairway Grp. Holdings Corp., No. 17-9309 (S.D.N.Y.,…

  • “Real Butter” in Simply Potatoes Contains GMO Margarine, Plaintiff Alleges

    A putative class action filed in New York has alleged that although the marketing for Simply Potatoes Mashed Potatoes features claims such as “Made with REAL Butter,” the product contains margarine made from genetically modified organisms (GMOs). Berger v. MFI Holdings Corp., 17-6728 (E.D.N.Y., filed November 17, 2017). “Despite the centrality of butter to [the…

  • Frito-Lay “All Natural” Settlement Gets Final Approval

    A federal court in New York has given final approval to the settlement of multidistrict litigation that alleged Frito-Lay North America, Inc. deceptively labeled and marketed its chip and dip products as “Made with All Natural Ingredients” when the products contained genetically modified ingredients. Frito-Lay N. Am., Inc., “All Natural” Litig., No. 12-MD-2413 (E.D.N.Y., entered…

  • Coconut Water Maker Faces “Cold-Pressed” Putative Class Action

    A consumer has filed a putative class action alleging Pure Brazilian’s “cold-pressed” coconut water undergoes high-pressure processing that “reduces the biological, enzymatic and bacterial activity” of the water, allegedly amounting to false advertising and fraud. Khallili v. Pure Brazilian LLC, No. 17-6425 (E.D.N.Y., filed November 5, 2017). The complaint asserts that high-pressure processing not only…

  • Putative Class Action Alleges “Ready-to-Eat” Cookie Dough Caused Illnesses

    Cookie Do Inc., which sells raw cookie dough desserts, allegedly caused consumers to feel gastrointestinal pain after they ate the products, which are advertised as “ready to eat,” with “NO chance of salmonella” and “NO chance of food-borne illness.” Canigiani v. Cookie Do, Inc., No. 17-7182 (S.D.N.Y., filed September 21, 2017). The complaint cites Yelp…

  • Court Denies Certification in Tito’s “Handmade” Suit

    A New York federal court has denied class certification to a plaintiff alleging that Fifth Generation, Inc. falsely advertised Tito’s Handmade Vodka, ruling that the plaintiff failed to propose a model to measure the alleged price premium. Singleton v. Fifth Generation, Inc., No. 15-474 (N.D.N.Y., entered September 27, 2017). The court noted that the plaintiff…