Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Kroger’s Fruit-Flavored Sparkling Water Lacks Fruit, Plaintiff Alleges

    A consumer has alleged that The Kroger Co. misleads with its packaging for sparkling water products sold with flavors such as “Black Cherry,” “White Grape” and “Kiwi Strawberry” because the waters are purportedly flavored artificially rather than with extracts of the fruits. Gammino v. Kroger Co., No. 21-2933 (N.D. Cal., filed April 22, 2021). The…

  • EFSA Issues Guidance on Date-Marking Additions

    The European Food Safety Authority (EFSA) has issued guidance with information advising food business operators on what information should be included on frozen food packaging. The guidance suggests when additional food-safety information should be included, such as a note to only thaw the necessary amount of food and to break up large pieces that have…

  • UN Releases Report on Edible Insects and Food Safety

    The United Nations’ Food and Agriculture Organization has released a report examining potential challenges in the production of food developed from edible insects. “The farming of insects for food and feed is relatively recent and brings with it both benefits and challenges, some of which this publication explores,” the report states. “The regulatory frameworks that…

  • Plaintiff Argues Sparkling Mineral Water Lacks Lemons and Raspberries

    A plaintiff has filed a putative class action alleging that Whole Foods Market Group Inc. misleads consumers by selling sparkling mineral water in a lemon raspberry flavor without an “appreciable amount” of lemons and raspberries. Kelly v. Whole Foods Mkt. Grp. Inc., No. 21-3124 (S.D.N.Y., filed April 11, 2021). The label of the water contains images…

  • Bone Broth Products Contain Indigestible Protein, Consumers Allege

    Two consumers allege that Ancient Brands’ Ancient Nutrition Bone Broth Protein products are marketed as beneficial to health but contain protein that is “largely indigestible to the human body and provides little to no actual benefit to consumers.” Bush v. Ancient Brands LLC, No. 21-0390 (N.D.N.Y., filed April 5, 2021). The complaint asserts that Ancient Brands…

  • Court Rules Heinz Did Not Infringe “Metchup” Mark

    The U.S. Court of Appeals for the Fifth Circuit has ruled that H.J. Heinz Co. Brands did not violate the Metchup trademark when it introduced a poll letting consumers choose the name of its mayonnaise-ketchup blend, which ultimately chose “Mayochup” as the winner but included “Metchup” as an option. Perry v. H.J. Heinz Co. Brands…

  • Bill on Mandatory Sesame Labeling Passes U.S. Legislature

    The U.S. House of Representatives has voted 415-11 to pass the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act), a bill that will expand the definition of “major food allergen” to include sesame. The bipartisan bill, which passed the Senate in March 2021, will head to the White House for President…

  • Foods Grown Hydroponically Can Be Labeled “Organic,” Court Affirms

    The National Organic Program can continue to include foods grown through hydroponics following a ruling from a California federal court holding that the U.S. Department of Agriculture (USDA) acted reasonably in concluding that the statutory scheme does not exclude hydroponics. Ctr. for Food Safety v. Perdue, No. 20-1537 (N.D. Cal., entered March 18, 2021). The…

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