Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Mashed Potatoes Lawsuit Dismissed

    A New York federal court has dismissed a lawsuit alleging that BEF Foods Inc. misleadingly marketed its Bob Evans mashed potatoes as containing butter. Sarr v. BEF Foods, No. 18-6409 (E.D.N.Y., entered February 13, 2020). The lawsuit alleged that the packaging promised “real butter” and “fresh potatoes” despite containing vegetable oil and preservatives. The court…

  • Honey Purchasers Granted Certification

    A California federal court has granted certification to a class of consumers who purchased honey from one of the brands produced by the Sioux Honey Association who believed the honey to be “pure” or “100% pure. Tran v. Sioux Honey Ass’n, No. 17-0110 (C.D. Cal., entered February 24, 2020). The plaintiff asserts that the honey…

  • LaCroix Linalool Lawsuit Dropped

    A lawsuit challenging the ingredients in LaCroix sparkling water has been dismissed with prejudice by the plaintiffs. Rice v. Nat’l Beverage Corp., No. 18-7151 (N.D. Ill., E. Div., entered February 18, 2020). National Beverage Corp. reportedly shared a letter with the media about the voluntary dismissal, stating that a laboratory cited in the complaint confirmed…

  • Kellogg “Healthy” Settlement Rejected

    A California federal court has rejected a settlement in a lawsuit that alleged Kellogg Sales Co. misled consumers by marketing its products as “healthy.” Hadley v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., San Jose Div., entered February 20, 2020). The court found the settlement agreement to be invalid for several reasons: (i) “the release…

  • Jägermeister Logo Permissible Despite Religious Symbol, Swiss Court Rules

    The Swiss Federal Administrative Court has reportedly ruled that Jägermeister can use its logo, “a stag with a shining white cross between its antlers,” on a variety of products in Switzerland because it is not offensive to religion. The Swiss Federal Institute of Intellectual Property had argued for a restriction on the use of the…

  • FDA Releases Guidance on Intentional Adulteration

    The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional adulteration of food under the Food Safety Modernization Act. The guidance focuses on food defense corrective actions, food defense verification, reanalysis and recordkeeping. The rule applies to domestic and foreign companies required to register with…

  • Vegan Dairy Challenges California Law on Plant-Based Food Labeling

    Miyoko’s Kitchen Inc. has filed a lawsuit asserting that California infringed its First Amendment right to free speech by requiring the removal of “truthful messages and images from its website and its product labels—including the phrase ‘100% cruelty and animal free,’ the use of the word ‘butter’ in the phrase ‘vegan plant butter,’ and even…

  • “No Sugar Added” Implies Nothing About Competitors, Court Rules

    A California appeals court has determined that the “no sugar added” phrasing on Califia Farms’ Cuties tangerine juice does not imply to consumers that competitors add sugar to their products. Shaeffer v. Califia Farms LLC, No. B291085 (Cal. App. Ct., entered February 6, 2020). The lower court dismissed the complaint, ruling that the “no sugar…

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