Food & Beverage Litigation & Regulatory Update

Category: 9th Circuit

  • Consumer Alleges “Milk-Based” Infant Formula Misleads

    A plaintiff has filed a putative class action alleging that Mead Johnson & Co. markets its Enfamil infant formula products as “milk-based” despite containing corn-syrup solids as the primary ingredient. Martinez v. Mead Johnson & Co. LLC, No. 22-0213 (C.D. Cal., E. Div., filed February 2, 2022). The front-label packaging indicates that the product is a…

  • Consumers Allege McCormick Spices Contain Undisclosed Heavy Metals

    Two plaintiffs have alleged that McCormick & Co. Inc. sells herbs and spices that “expose consumers to heightened levels of toxic heavy metals, including lead, arsenic, and cadmium,” without providing warnings. Balistreri v. McCormick & Co. Inc., No. 22-0349 (N.D. Cal., filed January 18, 2022). The complaint cites a Consumer Reports article, “Your Herbs and Spices Might Contain…

  • Consumer Alleges “Veggie” Products Lack Vegetables

    A plaintiff has filed a putative class action alleging that Kellogg Sales Co. misleads consumers as to the quantity of vegetables in its MorningStar “Veggie” products, including “Veggie Burgers,” “Veggie Dogs,” “Veggitizers” and “Veggie Chik’n.” Kennard v. Kellogg Sales Co., No. 21-7211 (N.D. Cal., filed September 17, 2021). Kellogg represents its products as “Veggie,” the…

  • Kroger’s Fruit-Flavored Sparkling Water Lacks Fruit, Plaintiff Alleges

    A consumer has alleged that The Kroger Co. misleads with its packaging for sparkling water products sold with flavors such as “Black Cherry,” “White Grape” and “Kiwi Strawberry” because the waters are purportedly flavored artificially rather than with extracts of the fruits. Gammino v. Kroger Co., No. 21-2933 (N.D. Cal., filed April 22, 2021). The…

  • Foods Grown Hydroponically Can Be Labeled “Organic,” Court Affirms

    The National Organic Program can continue to include foods grown through hydroponics following a ruling from a California federal court holding that the U.S. Department of Agriculture (USDA) acted reasonably in concluding that the statutory scheme does not exclude hydroponics. Ctr. for Food Safety v. Perdue, No. 20-1537 (N.D. Cal., entered March 18, 2021). The…

  • Court Issues Injunction on Prop. 65 Acrylamide Enforcement Through Lawsuits

    A California federal court has ruled that the state “has not shown that the cancer warnings it requires are purely factual and uncontroversial” or “that Proposition 65 imposes no undue burden on those who would provide a more carefully worded warning.” Cal. Chamber of Com. v. Becerra, No. 19-2019 (E.D. Cal., entered March 29, 2021).…

  • Post Foods to Pay $15 Million to Settle Added Sugar Lawsuit

    A California federal court has approved the settlement of a lawsuit alleging Post Foods LLC misrepresented the nutritional value of its cereals because of the added sugar content. Krommenhock v. Post Foods LLC, No. 16-4958 (N.D. Cal., entered February 24, 2021). Under the settlement agreement, Post will pay $15 million to the nationwide class and remove…

  • Lawsuit Challenging USDA Pork Inspection Policy to Continue

    A California federal court has denied a motion to dismiss an advocacy group lawsuit brought against the U.S. Department of Agriculture (USDA) challenging the implementation of the Food Safety and Inspection Service’s New Swine Inspection System (NSIS). Ctr. for Food Safety v. Perdue, No. 20-0256 (N.D. Cal., entered February 4, 2021). The plaintiffs, several advocacy…