Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • ASA Upholds Complaint Against BrewDog Ad

    The U.K. Advertising Standards Authority (ASA) has upheld a complaint against BrewDog Beer for a print ad and an outdoor poster ad that displayed “F–k You CO2. Brewdog Beer Is Now Carbon Negative” with the dashes obscured by a can of beer. ASA found that the poster ad “had been placed in accordance with guidelines…

  • EU Court Strikes Down France’s CBD Ban

    The Court of Justice of the European Union (CJEU) has prevented France from banning the marketing of cannabidiol (CBD) “lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds.” In its ruling, CJEU found that “CBD cannot be classified as a…

  • Consumers Allege “Hawaiian Host” Candy Name Misleads

    Two consumers allege that Hawaiian Host Candies, “synonymous with Hawaii,” are made in Gardena, California.  Toy v. Hawaiian Host Candies of L.A. Inc., No. 20-2191 (C.D. Cal., filed November 17, 2020). “Had Plaintiffs and other consumers known that the Hawaiian Host Products are not made in Hawaii, they would have paid significantly less for them,…

  • Kellogg Promotions Expire Early, Plaintiffs Allege

    Two consumers have alleged that Kellogg Co. markets promotions on the packaging of its products that end before the shelf life of the product. Seaman v. Kellogg Co., No. 20-5520 (E.D.N.Y., filed November 13, 2020). The complaint asserts that consumers rely on incentives listed on product packaging when deciding which product to purchase, but because…

  • Toddler Formula Companies Hit with Lawsuits

    Three similar lawsuits were filed against Target Corp., Gerber Products Co. and Mead Johnson & Co. alleging their “transition” formulas intended for 9- to 18-month-old children are misleadingly marketed as reviewed and monitored by the U.S. Food and Drug Administration to the same extent infant formulas are. Gavilanes v. Gerber Prods. Co., No. 20-5558 (E.D.N.Y.,…

  • Consumer Alleges “Slightly Sweet” Chai is Misleading

    A consumer has filed a putative class action alleging that Kerry Inc.’s Oregon Chai products contain too much sugar to be labeled “slightly sweet.” Brown v. Kerry Inc., No. 20-9730 (S.D.N.Y., filed November 18, 2020). The complaint argues that the product’s “most prominent claim, ‘Slightly Sweet,’ is an unlawful nutrient content claim that makes an ‘absolute’…

  • FDA Sues Juice Supplier, Alleging Insanitary Conditions

    The U.S. Food and Drug Administration (FDA) has filed a lawsuit seeking to enjoin Valley Processing Inc. from introducing adulterated food into interstate commerce. USA v. Valley Processing Inc., No. 20-3191 (E.D. Wa., filed November 6, 2020). FDA alleges Valley Processing’s juice products “have been found to contain inorganic arsenic and patulin, both toxins which…

  • Massachusetts Court Dismisses Ginger Ale Claims

    A Massachusetts federal court has dismissed allegations against Polar Corp. asserting the company’s ginger ale products contain a “miniscule amount” of ginger that “provides none of the health benefits consumers associate with real ginger.” Fitzgerald v. Polar Corp., No. 20-10877 (D. Mass., entered November 10, 2020). The court noted that the complaint “appears to have been…

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