Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA Announces Flexibility on Nutrition Facts Enforcement for Smaller Manufacturers

    The U.S. Food and Drug Administration (FDA) has announced that it will not initiate enforcement actions for the updated Nutrition and Supplement Facts label requirements in 2021 against food manufacturers with less than $10 million in annual food sales. The updated requirements are scheduled to take effect January 1, 2021. “Although the compliance date will…

  • Oklahoma Plant-Based Meat Law Challenged

    Upton’s Naturals Co. and the Plant Based Foods Association have filed a First Amendment challenge to Oklahoma’s law requiring manufacturers of plant-based meat products to include a disclaimer on the labels of products that are named after animal-derived products, such as “burgers.” Upton’s Naturals Co. v. Stitt, No. 20-0938 (W.D. Okla., filed September 16, 2020). The…

  • Nut Blend Contains Too Many Peanuts, Plaintiff Argues

    A consumer has filed a lawsuit alleging that Star Snacks Co.’s Imperial Nuts Energy Blend “is deceptively marketed as containing mostly almonds, pecans and walnuts when in actuality is composed of more peanuts than all the other contents combined.” Andrews v. Star Snacks Co., No. 20-1357 (N.D. Ala., filed September 11, 2020). The plaintiff alleges…

  • Plaintiff Challenges Oil Content in “All Butter Pound Cake”

    A plaintiff has alleged that he was misled by the packaging on Sara Lee Frozen Bakery’s All Butter Pound Cake because he believed butter to be the only shortening ingredient when the cake actually contained soybean oil as well. Briley v. Sara Lee Frozen Bakery LLC, No. 20-7276 (S.D.N.Y., filed September 4, 2020). The complaint asserts,…

  • Strawberry Pop-Tarts Contain Pears and Apples, Consumer Alleges

    A consumer has filed a putative class action alleging that Kellogg Sales Co. misleads consumers by marketing its Frosted Strawberry Pop-Tarts as containing only strawberries in its filling to the exclusion of any other fruit content. Brown v. Kellogg Sales Co., No. 20-7283 (S.D.N.Y., filed September 5, 2020). “Consumers do not expect a food labeled…

  • Mexican States Ban Sale of “Junk Food” to Minors

    The legislatures of multiple Mexican states have voted to prohibit the sale of highly processed foods and sugar-sweetened beverages to anyone under the age of 18, according to the Washington Post. A nationwide labeling law that takes effect in October 2020 will also require black stop signs on foods high in added sugar, saturated fats, calories…

  • Study Assesses Consumer Perception of “Whole Grain” Labeling

    University of Cambridge researchers have published a study examining “whether consumers are misled about wholegrain (WG) content and product healthfulness based on common product labels.” Wilde et al., “Consumer confusion about wholegrain content and healthfulness in product labels: a discrete choice experiment and comprehension assessment,” Public Health Nutrition, August 10, 2020. The researchers showed online participants…

  • Trader Joe’s 12 Grain Crackers Contain Less Grain Than Expected, Plaintiff Argues

    A plaintiff has filed a lawsuit asserting that Trader Joe’s misleads consumers by using “enriched flour” as the predominant ingredient in its 12 Grain Mini Snack Crackers. Rosenfeld v. Trader Joe’s Co., No. 20-3717 (E.D.N.Y., filed August 14, 2020). “The representations are misleading because the Product contains (1) a de minimis amount of the 12 grain…

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