Category: 9th Circuit
-
Court Sends GMO Disclosure Regulation Back to USDA for Review
A federal court in California has ruled that solely using QR codes on food packaging is not enough to disclose a product’s bioengineered status to consumers. Natural Grocers v. Vilsack, No. 20-5151 (N.D. Cal., entered September 13, 2022). The ruling was in a suit brought by retailers and non-profit organizations against the U.S. Department of…
-
Judge Tosses Claims that MorningStar Veggie Products Misled Consumers
A federal court has dismissed a proposed class action claiming Kellogg misled consumers into believing their “veggie” MorningStar Farms products were exclusively or mostly made with vegetables. Kennard v. Kellogg Sales Co., No. 21-7211 (N.D. Cal., entered September 14, 2022). The plaintiff in the suit alleged Kellogg misleadingly and illegally labels MorningStar Farms “veggie” products,…
-
Putative Class Action Alleges Gerber Made Improper Nutrient Claims
A California woman has filed a proposed class action claiming that Gerber Products Co. made improper nutrient claims on its labeling of baby and toddler food products. Howard v. Gerber Products Company, No. 22-4779 (N.D. Cal., filed August 19, 2022). The plaintiff alleges that Gerber makes nutrient content claims on product packaging that are prohibited…
-
Whole Foods’ “No Antibiotics, Ever” Campaign Misled Consumers, Plaintiffs Allege
A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan…
-
“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]…
-
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…
-
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.…
-
Ninth Circuit Upholds Injunction on California Acrylamide Warning
The Ninth Circuit Court of Appeals has found that the district court did not abuse its discretion in granting a preliminary injunction blocking a requirement to warn California consumers about the presence of acrylamide in food and beverage products. Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 19-2019 (9th Cir.,…