Category: U.S. Circuit Courts
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Plaintiff Alleges Whole Foods Chocolate Is Mislabeled
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. mislabels its chocolate-coated ice cream bars because the “purported chocolate contains vegetable oils.” Mitchell v. Whole Foods Mkt. Grp. Inc., No. 20-8496 (S.D.N.Y., filed October 12, 2020). “Consumers want chocolate in chocolate products to come from a real source, i.e., from…
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“Sour Cream” Chips Flavored with Diacetyl, Plaintiff Alleges
A consumer has alleged that Frito-Lay Inc.’s Baked Cheddar and Sour Cream chips use diacetyl to obtain the sour cream flavor without referring to diacetyl as a characterizing flavor. Vado v. Frito-Lay Inc., No. 20-2055 (S.D. Cal., filed October 19, 2020). The complaint asserts that artificial diacetyl, which provides a butter flavor, is used to…
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Court Dismisses Mott’s “Natural” Juice Lawsuit
A California federal court has dismissed a putative class action alleging that Mott’s apple juices and applesauce are not “natural” as marketed because they contain trace amounts of pesticides. Yu v. Dr Pepper Snapple Grp. Inc., No. 18-6664 (N.D. Cal, entered October 6, 2020). The complaint was previously dismissed without prejudice, and the amended version…
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Sugar Content of “Lightly Sweetened” Tea Challenged
A group of consumers has filed a putative class action alleging the Healthy Beverage Co. LLC misleadingly labels its products as “lightly sweetened” because the product contains 20 grams of added sugar, or 40% of the recommended daily intake. Pierre v. Healthy Beverage Co. LLC, NO. 20-4934 (E.D. Penn., filed October 6, 2020). The complaint…
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Malic Acid Suit Filed Against True Lemon
Grand Brands Inc. allegedly markets its True Lemon powdered drink mixes as “naturally flavored” despite containing malic acid, a plaintiff alleges. Tedesco v. Grand Brands Inc., No. 20-1928 (S.D. Cal., filed September 28, 2020). The complaint asserts that Grand Brands fails to identify the type of malic acid included in its products and alleges that…
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Hemp Trade Association Challenges DEA Cannabis Rule
The Hemp Industries Association and RE Botanicals Inc. have filed a lawsuit challenging the Drug Enforcement Administration’s (DEA’s) interim final rule implementing changes to the scope of the agency’s control over cannabis and tetrahydrocannabinol (THC). Hemp Industry Ass’n v. DEA, No. __ (D.C. Cir., filed September 18, 2020). “The DEA’s interim final rule clarifies that…
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Arizona “Zero-Calorie” Beverage Contains Calories, Plaintiff Alleges
A consumer has alleged in a putative class action that the “zero-calorie” version of Arizona Beverages USA’s Arnold Palmer actually contained 15 calories per can. Meyers v. Arizona Beverages USA LLC, No. 20-5543 (N.D. Ill., E. Div., filed September 18, 2020). The complaint asserts that the U.S. Food and Drug Administration required Arizona Beverages to change…
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Oklahoma Plant-Based Meat Law Challenged
Upton’s Naturals Co. and the Plant Based Foods Association have filed a First Amendment challenge to Oklahoma’s law requiring manufacturers of plant-based meat products to include a disclaimer on the labels of products that are named after animal-derived products, such as “burgers.” Upton’s Naturals Co. v. Stitt, No. 20-0938 (W.D. Okla., filed September 16, 2020). The…