Category: U.S. Circuit Courts
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Ocean Spray Settles “No Artificial Flavors” Suit
Ocean Spray Cranberries Inc. has agreed to pay $5.4 million to settle claims that it misleadingly advertised its beverages as lacking artificial flavors despite containing malic avid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., filed November 8, 2019). Under the agreement, the company will stop using the phrase “no artificial flavors” on…
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Kellogg Settles “Healthy” Cereal Suit for $20 Million
The parties in a lawsuit alleging Kellogg Sales Co. misrepresented its cereals as healthy have reached an agreement that would require the company to pay $20 million in payments and make marketing changes valued at more than $11 million. Hadley v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., filed October 21, 2019). The lawsuit alleged…
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Plaintiff Challenges Probiotic Content of Kombucha
A consumer has filed a putative class action alleging that Brew Dr. Kombucha LLC markets its products as containing “billions” of “live and active cultures” or “beneficial bacteria, yeasts and organic acids” despite containing “only 50,000” colony forming units. Amos v. Brew Dr. Kombucha LLC, No. 19-1663 (D. Ore., Portland Div., filed October 16, 2019).…
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Putative Class Action Challenges Sanderson Farms “100% Natural” Chicken
Following the August 2019 dismissal of a lawsuit brought by advocacy groups alleging similar facts, a group of consumers has filed a putative class action alleging that Sanderson Farms Inc. misleads consumers by marketing its chicken as “100% Natural.” Lentz v. Sanderson Farms Inc., No. 19-6570 (N.D. Cal., filed October 11, 2019). The complaint alleges…
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Additional Vanilla Lawsuits Filed
Joining a number of pending putative class actions, a New York plaintiff’s firm has filed three lawsuits alleging that Wegmans Food Markets Inc., Whole Foods Market Group Inc. and Moran Foods LLC mislead consumers by marketing their products as vanilla-flavored while using artificial flavors. As with similar cases previously filed, the complaints target dairy and…
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Cal. Chamber of Commerce Challenges Prop. 65 Acrylamide Warning
The California Chamber of Commerce (CalChamber) has filed a lawsuit aiming to prevent the state from “enforcing a requirement to provide a false, misleading, and highly controversial cancer warning for food and beverage [] products that contain the chemical acrylamide.” Cal. Chamber of Commerce v. Becerra, No. 19-0962 (E.D. Cal., filed October 7, 2019). CalChamber…
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Court Declines to Block Missouri “Meat” Law
A Missouri federal court has reportedly declined to issue a preliminary injunction blocking the state from enforcing its law defining meat as derived from animals. The law requires plant-based or laboratory-grown food to feature a label indicating its source. Turtle Island Foods, the American Civil Liberties Union and the Good Food Institute have reportedly appealed…
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Court Dismisses Capri Sun Citric Acid Lawsuit
An Illinois court has dismissed a lawsuit alleging Kraft Heinz Foods Co. misleads consumers by marketing Capri Sun as free of preservatives despite containing citric acid. Tarzian v. Kraft Heinz Foods Co., No. 18-7148 (N.D. Ill., E. Div., entered October 10, 2019). The court first found that (i) the plaintiffs “failed to allege that the…