Food & Beverage Litigation & Regulatory Update

Category: Other Developments

  • Palm Oil Targeted by Consumer Watchdog’s Viral Video

    Timed to coincide with PepsiCo’s limited reintroduction of Crystal Pepsi soft drinks, SumOfUs has launched a viral video campaign to draw attention to its allegations against the palm-oil industry. The video—which spoofs PepsiCo’s 1992 Super Bowl spot—has garnered media attention as well as more than 875,000 views on YouTube. In particular, SumOfUs reportedly claims that…

  • AHA Issues Scientific Statement Linking Added Sugars to Cardiovascular Disease in Children

    The American Heart Association (AHA) has issued a scientific statement allegedly linking added sugar consumption “at levels far below current consumption levels” to cardiovascular disease risk factors in children. Published in the August 22, 2016, issue of Circulation, the statement recommends that children consume less than 25 grams (100 calories or approximately six teaspoons) of…

  • Ad Board Recommends Kellogg Adjust Fruit Snacks Packaging

    The Children’s Advertising Review Unit (CARU) has advised Kellogg Co. to revise the packaging for Fruit Flavored Snacks, recommending against statements that the product is “made with real fruit.” The front of the package featured cartoon characters and the statement “made with real fruit” superimposed on the image of an apple. The side panel clarified…

  • USPTO Denies “World’s Healthiest Grocery Store” Registration to Whole Foods

    The U.S. Patent and Trademark Office has rejected Whole Foods Market’s attempt to trademark the phrase “World’s Healthiest Grocery Store,” finding the statement to be merely descriptive and puffery. The company currently owns a trademark in “America’s Healthiest Grocery Store,” which it reportedly earned by using the mark in commerce for several years before registration.…

  • Hampton Creek Paid Employees to Purchase Just Mayo During Funding Round

    Hampton Creek founder Josh Tetrick reportedly directed his employees to purchase Just Mayo, an eggless mayonnaise, at grocery stores while it pursued funding from investors, according to a Bloomberg report. Five former workers provided Bloomberg with receipts, expense reports, cash advances and emails telling employees, “We need you in Safeway buying Just Mayo and our…

  • Texas Fines Blue Bell $850,000 for Listeria Outbreak, with Conditions

    The Texas Department of State Health Services has announced that Blue Bell Creameries must pay $850,000 in connection with a 2015 outbreak of Listeria monocytogenes linked to the company’s ice cream manufacturing facilities. Blue Bell must pay $175,000 within 30 days, but the remaining balance of $675,000 will not be due if the company follows…

  • Bud Light “Caucus” Super Bowl Ad Not Lewd, Beer Institute Review Finds

    Following a consumer complaint, the Beer Institute has reviewed Anheuser-Busch Companies, LLC’s Super Bowl ad featuring comedians Seth Rogen and Amy Schumer discussing the “biggest caucus in the country” and determined the ad does not violate the industry group’s marketing standards. Under the standards, “advertising and marketing materials should not contain languages or images that…

  • Diageo to Begin Listing Nutritional Information on Johnnie Walker®

    Diageo will reportedly provide nutritional information on its alcohol product packaging, beginning with Johnnie Walker® Red Label. Changes to Smithwick’s® and Guinness® packaging will follow. The global label will reportedly include the product’s alcohol by volume, serving size, calorie and sugar content and allergens, while the U.S. label will mimic the Nutrition Facts panel format…