Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Mott’s Applesauce Not “Natural,” Plaintiff Alleges

    A consumer has filed a putative class action alleging that Mott’s Applesauce and Apple Juice products are mislabeled as “natural” because they contain traces of an insecticide. Yu v. Dr Pepper Snapple Grp. Inc., No. 18-6664 (N.D. Cal., San Jose Div., filed November 1, 2018). The plaintiff alleges that reasonable consumers would not expect to…

  • Sunkist, Welch’s Fruit Snacks Makers Settle Trademark Dispute

    Kervan USA has agreed to change the packaging of its Sunkist fruit snacks and the shape of its candy following a lawsuit filed by Promotion in Motion Inc., which produces Welch’s fruit snacks. Promotion in Motion Inc. v. Kervan USA LLC, No. 18-11670 (D.N.J., entered November 6, 2018). Kervan will change the background color of…

  • Use of Malic Acid is Factual Issue, Court Holds

    A California federal court has refused to dismiss a putative class action alleging Ocean Spray Cranberries Inc. misled consumers by marketing its products as free from artificial flavors despite containing malic acid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., entered October 30, 2018). Ocean Spray moved to dismiss the allegations, arguing that…

  • Lawsuit Alleges Capri Sun Misleads Consumers on Preservative Content

    Two consumers have filed a putative class action alleging that Kraft Heinz Food Co. misleads consumers by marketing Capri Sun beverages as free of preservatives despite containing citric acid. Tarzian v. Kraft Heinz Food Co., No. 18-7148 (N.D. Ill., E. Div., filed October 25, 2018). “Citric acid serves as a preservative by functioning as an…

  • Lenny & Larry’s Settles Cookie Class Action

    Lenny & Larry’s Inc. has agreed to pay $1.85 million in cash and $3.15 million in free products to settle a lawsuit alleging that its Complete Cookie did not provide the advertised amount of protein. Cowen v. Lenny & Larry’s Inc., No. 17-1530 (N.D. Ill., E. Div., motion filed September 25, 2018). Under the settlement…

  • StarKist Pleads Guilty in Price-Fixing Case

    The U.S. Department of Justice has announced that StarKist Co. has agreed to plead guilty to charges alleging the company conspired to fix prices of packaged tuna. The company will face a fine of up to $100 million. “Our citizens’ confidence in the ability to buy goods within an unbiased market is key to sustaining…

  • Advocacy Groups Sue to Compel FDA on FSMA Deadlines

    The Center for Food Safety and the Center for Environmental Health have filed a lawsuit asserting that the U.S. Food and Drug Administration (FDA) has failed “to promulgate final regulations and complete actions by mandatory deadlines set by Congress in the Food Safety Modernization Act of 2011 (FSMA).” Ctr. for Food Safety v. Azar, No.…

  • Plaintiff’s Firm Files Malic Acid, Slack-Fill Lawsuits

    Two consumers represented by the same plaintiff’s attorneys have filed lawsuits alleging food companies misleadingly label their products as natural because they contain malic acid. Morris v. Mott’s LLP, No. 18-1799 (C.D. Cal., filed October 4, 2018); Clark v. Hershey Co., No. 18-6113 (N.D. Cal., filed October 4, 2018). The plaintiffs assert that Mott’s Assorted…