Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Consumer Alleges 7-11 Misrepresented Peanuts as Naturally Flavored

    An Illinois man has sued 7-Eleven, alleging the convenience store chain’s private-label spicy jalapeno-flavored jumbo peanuts misled consumers as to whether they were naturally flavored. Wilim v. 7-Eleven, Inc., No. 22-4886 (N.D. Ill., filed September 9, 2022). The plaintiff said in the suit that he read “Flavored Jumbo Peanuts — Spicy Jalapeño” on the packaging of…

  • Putative Class Action Alleges Gerber Made Improper Nutrient Claims

    A California woman has filed a proposed class action claiming that Gerber Products Co. made improper nutrient claims on its labeling of baby and toddler food products. Howard v. Gerber Products Company, No. 22-4779 (N.D. Cal., filed August 19, 2022). The plaintiff alleges that Gerber makes nutrient content claims on product packaging that are prohibited…

  • “Kosher” Label on Hummus Challenged

    A kosher certification organization has filed a lawsuit alleging International Food Products Inc., which does business as Sabra Foods, misleads consumers as to whether its hummus products are kosher. Rabbinical Council of Mass. v. Int’l Food Products, Inc., No. 22-11460 (D. Mass., Boston Div., filed September 9, 2022). The Rabbinical Council of Massachusetts, or KVH Kosher,…

  • USDA Accepting Comments for Codex Meeting on Food Hygiene

    The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft guidelines for controlling E. coli in raw beef, fresh leafy vegetables, raw milk, raw cheese and sprouts as well as draft…

  • Study Purportedly Links SSB Consumption to Higher Risk of Death from Cancer

    A study led by researchers at the American Cancer Society has purportedly found that people who drank two or more servings of sugar-sweetened beverages (SSBs) per day had a 5% higher risk of death from particular types of cancer than people who never drank SSBs. Marjorie L. McCullough et al., “Sugar- and Artificially-Sweetened Beverages and…

  • Fraud Claims to Continue in Kashi Strawberry Bars Ingredient Suit

    An Illinois federal court has granted a partial motion to dismiss a putative class action alleging that Kashi Sales L.L.C. misled consumers by making the flavoring of “Ripe Strawberry” cereal bars with pear juice concentrate and apple powder. Johnston v. Kashi Sales L.L.C., No. 21-0441 (S.D. Ill., entered September 8, 2022). The plaintiff alleged that…

  • New Suit Alleges Kellogg’s ‘Harvest Wheat’ Crackers Misled Consumers

    An Illinois consumer has filed a putative class action against Kellogg Sales Co., alleging it misrepresented the amount of whole grains its Harvest Wheat Toasteds crackers contain. Moore v. Kellogg Sales Co., No. 22-03172 (C.D. Ill., filed September 5, 2022). The plaintiff asserts in the complaint that consumers want to consume more whole grains, but…

  • ASA Rules on Heineken’s UK Advertising

    The U.K. Advertising Standards Authority (ASA) has not upheld complaints against Heineken UK Ltd. arguing that the company’s underground and Reddit advertisements particularly appealed to those under the age of 18. ASA received complaints about two ads, including a poster ad at Paddington underground station and a paid-for ad on Reddit. The ads included computer-generated…

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