Category: Litigation
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Pringles Salt & Vinegar Lawsuit Denied Certification
A New York federal court has denied class certification to a group of consumers alleging that they were misled by Kellogg Co.’s Pringles Salt & Vinegar chips label into believing the product contained no artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., entered December 5, 2019). The plaintiff identified himself as a chef who…
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Clif Bar White Chocolate Suit to Continue
A California federal court has denied Clif Bar & Co.’s motion to dismiss a lawsuit alleging that its products marketed as containing white chocolate lack the claimed ingredients. Joslin v. Clif Bar & Co., No. 18-4941 (N.D. Cal., entered December 2, 2019). A previous version of the complaint was dismissed for failure to show that…
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EU Court Denies “Balsamic” as Protected Designation of Origin
The European Court of Justice has reportedly held that “balsamic” as a descriptor for vinegar is not reserved exclusively for producers in Modena, Italy. The case challenged a German vinegar producer’s use of “Balsamico” and “Deutscher Balsamico.” Although “Balsamic Vinegar from Modena” has been a geographic indication within the European Union for more than a…
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Brookside Malic Acid Lawsuit Dismissed
A California federal court has granted summary judgment to The Hershey Co. in a lawsuit alleging that its Brookside chocolates are misleadingly labeled as made with “no artificial flavors” because they contain malic acid. Clark v. Hershey Co., No. 18-6113 (N.D. Cal., entered November 15, 2019). The court found that the named plaintiffs admitted in…
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Vegan Alleges Burger King Deceptively Marketed Impossible Whopper
A plaintiff has filed a putative class action alleging that Burger King Corp. represented its Impossible Whopper in association with the Impossible Burger, which is “well known as a meat-free and vegan meat alternative,” but cooked the Impossible Whoppers “on the same grills as its traditional meat products, thus covering the outside of the Impossible…
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Whole Foods Oatmeal Hides Sugar Content, Plaintiff Alleges
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. lists “organic dehydrated cane juice solids” as an ingredient in its 365 Everyday Value instant oatmeal rather than “sugar.” Warren v. Whole Foods Mkt. Grp. Inc., No. 19-6448 (E.D.N.Y., filed November 15, 2019). “Consumers expect ingredients on a product to be…
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Advocacy Group Sues for Info on Pork Inspections System
Food & Water Watch Inc. (FWW) has filed a lawsuit alleging that the U.S. Department of Agriculture (USDA) has “engaged in dilatory and obstructionist tactics” to avoid fulfilling the organization’s Freedom of Information Act (FOIA) requests on documents related to the establishment of the New Swine Inspection System (NSIS). Food & Water Watch Inc. v.…
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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…