Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • France Backs Down on “Dry January” Campaign

    The French government has reportedly abandoned a campaign suggesting French people abstain from drinking alcohol during the month of January following pressure from wine producers. The plan was apparently inspired by a promotion launched by a U.K. advocacy group in 2013 that encourages alcohol abstinence during January and mindful alcohol consumption in the months that…

  • Brookside Malic Acid Lawsuit Dismissed

    A California federal court has granted summary judgment to The Hershey Co. in a lawsuit alleging that its Brookside chocolates are misleadingly labeled as made with “no artificial flavors” because they contain malic acid. Clark v. Hershey Co., No. 18-6113 (N.D. Cal., entered November 15, 2019). The court found that the named plaintiffs admitted in…

  • Vegan Alleges Burger King Deceptively Marketed Impossible Whopper

    A plaintiff has filed a putative class action alleging that Burger King Corp. represented its Impossible Whopper in association with the Impossible Burger, which is “well known as a meat-free and vegan meat alternative,” but cooked the Impossible Whoppers “on the same grills as its traditional meat products, thus covering the outside of the Impossible…

  • Whole Foods Oatmeal Hides Sugar Content, Plaintiff Alleges

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. lists “organic dehydrated cane juice solids” as an ingredient in its 365 Everyday Value instant oatmeal rather than “sugar.” Warren v. Whole Foods Mkt. Grp. Inc., No. 19-6448 (E.D.N.Y., filed November 15, 2019). “Consumers expect ingredients on a product to be…

  • Australia, New Zealand Fight Over Rights to “Manuka Honey”

    According to the New York Times, Australia and New Zealand are disputing over the rights to produce manuka honey, a honey product that sells for about $100 per 500 grams. New Zealand producers seek to establish a protected designation of origin for manuka honey, but Australian producers argue that their production process creates the same…

  • Advocacy Group Sues for Info on Pork Inspections System

    Food & Water Watch Inc. (FWW) has filed a lawsuit alleging that the U.S. Department of Agriculture (USDA) has “engaged in dilatory and obstructionist tactics” to avoid fulfilling the organization’s Freedom of Information Act (FOIA) requests on documents related to the establishment of the New Swine Inspection System (NSIS). Food & Water Watch Inc. v.…

  • Ocean Spray Settles “No Artificial Flavors” Suit

    Ocean Spray Cranberries Inc. has agreed to pay $5.4 million to settle claims that it misleadingly advertised its beverages as lacking artificial flavors despite containing malic avid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., filed November 8, 2019). Under the agreement, the company will stop using the phrase “no artificial flavors” on…

  • USDA Receives Hundreds of Comments on Hemp Interim Rule

    Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture (USDA) has received more than 600 comments. The rule set limits for the amount of tetrahydrocannabinol (THC) that can legally be produced by the crop, and farmers have reportedly told the agency that the limit…

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