Category: Litigation
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Vegan Dairy Challenges California Law on Plant-Based Food Labeling
Miyoko’s Kitchen Inc. has filed a lawsuit asserting that California infringed its First Amendment right to free speech by requiring the removal of “truthful messages and images from its website and its product labels—including the phrase ‘100% cruelty and animal free,’ the use of the word ‘butter’ in the phrase ‘vegan plant butter,’ and even…
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“No Sugar Added” Implies Nothing About Competitors, Court Rules
A California appeals court has determined that the “no sugar added” phrasing on Califia Farms’ Cuties tangerine juice does not imply to consumers that competitors add sugar to their products. Shaeffer v. Califia Farms LLC, No. B291085 (Cal. App. Ct., entered February 6, 2020). The lower court dismissed the complaint, ruling that the “no sugar…
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“Lightly Sweetened” Iced Tea Misleads, Consumer Argues
A consumer has filed a putative class action alleging Tipp Distributors Inc. mislabels its Steaz iced tea as “lightly sweetened” despite containing “objectively high amounts of sugar, as added sugar.” Taylor v. Tipp Distrib. Inc., No. 20-0712 (E.D.N.Y., filed February 9, 2020). Consumers paid a premium for Steaz believing it to contain less sugar than…
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Putative Class Action Alleges Gummies Contain Synthetic Ingredients
Hornell Brewing Co. Inc. and its subsidiary Arizona Beverage Co. allegedly misrepresent their fruit snacks product as all natural despite containing citric acid, gelatin, ascorbic acid, dextrose, glucose syrup and modified food starch, a consumer alleges. Silva v. Hornell Brewing Co. Inc., No. 20-0756 (E.D.N.Y., filed February 11, 2020). The plaintiff argues that these ingredients…
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“Grains of Paradise” Lawsuit Dismissed
A Florida federal court has dismissed a lawsuit alleging that Bacardi U.S.A.’s Bombay Sapphire contains a botanical classified as an adulterant in the state. Marrache v. Bacardi U.S.A., No. 19-23856 (S.D. Fla., entered January 28, 2020). “Numerous class actions have greatly benefited society, such as Brown v. Board of Education, In re Exxon Valdez, and…
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FTC Closes Instant Coffee Pyramid Scheme
An Arizona federal court has granted the U.S. Federal Trade Commission’s (FTC’s) request to temporarily shut down “Success By Health,” an alleged pyramid scheme premised on the sale of instant coffee. The coffee, “MycoCafe,” is touted as containing health benefits from mushrooms. “However, the FTC alleges that selling the product to coffee drinkers took a…
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Consumers Argue Sports Drink is Soda Equivalent
Four consumers have filed a putative class action alleging that BA Sports Nutrition’s BodyArmor SuperDrink sports drinks are “unlawfully fortified junk food.” Silver v. BA Sports Nutrition LLC, No. 20-0633 (N.D. Cal., filed January 28, 2020). “BodyArmor does not provide ‘superior’ or ‘better’ hydration to Plaintiffs and other consumers than other beverages, nor are the…
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Court Declines Approval for Chicken of the Sea Settlement
A California federal court has refused to approve a $6.5 million settlement between Tri-Union Seafoods and commercial food preparers. In re Packaged Seafood Prods. Antitrust Litig., No. 15-2670 (S.D. Cal., entered January 17, 2020). The court found that the proposed $6.5 million, half of which would go to attorney’s fees and $2 million to costs…