Food & Beverage Litigation & Regulatory Update

Category: State Courts

  • NYC Salt Labeling Regulation Stayed

    The day before the rule was set to take effect on March 1, 2016, a New York state appeals court reportedly granted an emergency stay on enforcement of a municipal regulation requiring chain restaurants to feature salt-warning icons on menus next to items containing 2,300 milligrams or more of sodium. A justice in the Appellate…

  • Consumer Lawsuit Targets “Healthy” Coconut Oil Claims

    A consumer has filed a putative class action against Carrington Tea Co. alleging the company advertises its coconut oil as “a healthy alternative to butter and various cooking oils, despite that coconut oil is actually inherently unhealthy, and a less healthy option to these alternatives.” Boulton v. Carrington Tea Co., No. B609360 (Cal. Super. Ct.,…

  • California Court Allows Snoop Dogg’s Suit Against Pabst to Continue

    A California state court has reportedly rejected Pabst Brewing Co.’s attempt to dismiss a lawsuit brought by Snoop Dogg asserting the rapper is entitled to a portion of the proceeds obtained through the $700 million sale of the company in 2014. Spanky’s Clothing Inc. v. Pabst Brewing Co. LLC, No. BC584365 (Cal. Super. Ct., Los…

  • Court Rejects Injunction in NYC Salt Warning Case

    A New York state court has reportedly refused to grant the National Restaurant Association’s request for a preliminary injunction to stall the enforcement of New York City’s new requirement that chain restaurants label menu items containing 2,300 mg of salt or more, which is set to take effect March 1, 2016. Nat’l Restaurant Assoc. v.…

  • Ohio Court Affirms Dismissal of Kroger “Humanely Raised” Chicken Dispute

    An Ohio appeals court has affirmed a lower court decision finding that two consumers’ mislabeling allegations against The Kroger Co. are preempted by the Poultry Products Inspection Act (PPIA). Arnold v. Kroger Co., No. C-150291 (Ohio Ct. App., 1st App. D., Hamilton Cty., order entered January 22, 2016). The consumers alleged Kroger’s chickens were not…

  • Ads Implied Quorn® Is a Mushroom, Proposed Class Action Alleges

    A consumer has filed a putative class action against Quorn Foods, Inc. alleging the term “mycoprotein,” which the company uses in its advertising, implies the product is “the same or substantially similar to a mushroom, truffle or morel” but Quorn products “are actually made of mold.” Birbrower v. Quorn Foods, Inc., No. 608107 (Cal. Super.…

  • National Restaurant Association Sues NYC over Salt Labeling Law

    The National Restaurant Association (NRA) has petitioned a New York state court for a declaratory judgment stating that a New York City regulation requiring restaurants to post warnings on menu items high in sodium is arbitrary and capricious as applied. Nat’l Restaurant Assoc. v. New York City Dep’t of Health & Mental Hygiene, No. 654024/2015…

  • California Supreme Court Allows Challenge to “Organic” Herbs

    The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous…