Tag: advertising
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Supermarkets Sued over Fresh Bread Claims
Three consumers have filed three separate putative class actions against Whole Foods Inc., Wegmans Food Markets Inc. and Acme Markets Inc. in New Jersey state court alleging that the grocery chains falsely represent their bread and bakery products as freshly made in-store. Mladenov v. Whole Foods, docket number unavailable (Super. Ct. N.J., Camden Cty., filed…
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USDA Proposes Expansion of Organic Products Assessment Exemption
The U.S. Department of Agriculture has proposed a rule that would allow anyone producing, handling, marketing, or importing certified organic products to be exempt from paying the assessments associated with commodity promotion activities like advertising. The exemption would cover all “organic” and “100 percent organic” products certified under the National Organic Program. The current rule…
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Maker’s Mark Bourbon Not “Handmade,” Putative Class Action Alleges
Two consumers have filed a putative class action in California federal court alleging that Maker’s Mark® bourbon whisky is not “handmade,” as the alcohol brand advertises, but is instead manufactured using “mechanized and/or automated processes” with “little to no human supervision, assistance or involvement.” Nowrouzi v. Maker’s Mark Distillery, Inc., No. 14-2885 (S.D. Cal., filed…
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Settlement Reached in Jamba Juice “All Natural” Smoothie Kits Class Action
After a California federal court certified the class for liability but not for damages, the parties to a class action alleging that Jamba Juice mislabeled its smoothie kits as “all natural” despite containing synthetic ingredients like gelatin and xanthan gum have reached a settlement. Lilly v. Jamba Juice Co., No. 13-2998 (U.S. Dist. Ct., N.D.…
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Rudd Center Report Targets Advertising Sugar-Sweetened Beverages to Children
The Rudd Center for Food Policy and Obesity has published Sugary Drink FACTS 2014, a report funded by the Robert Wood Johnson Foundation that targets trends in beverage advertising to children. Claiming that companies spent $866 million on advertising for sugar sweetened beverages (SSBs) in 2013, the report argues that even though youth-oriented TV programs and…
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Settlement Approved in “Low-Glycemic,” “Low-Carbohydrate” Pasta Class Action
Under a settlement agreement approved by a New Jersey federal court, Dakota Growers Pasta Co. will pay $7.9 million to resolve claims that it deceptively markets, advertises and sells Dreamfields Pasta as having a low glycemic index and only five grams of digestible carbohydrates per serving, making it a “healthy alternative to traditional pasta.” Mirakay…
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Belarus National Assembly Considers Bill to Restrict Alcohol Ads to Alcohol Beverages
The Belarussian Chamber of Representatives has reportedly approved draft legislation that would stop the practice of advertising products and events other than alcohol beverages with names and logos that are confusingly similar to alcohol brands. Some bottled waters, for example, are apparently promoted with names, fonts and images that are associated with vodka brands with…
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Shook Authors Discuss U.S. Regulatory and Litigation Landmines in IBA Newsletter
Global Product Liability Partners Gregory Fowler and Marc Shelley have co-authored an article titled “Food and beverage labelling and advertising in the United States: Regulatory and litigation landmines,” appearing in the September 2014 issue of the International Bar Association’s Product Law and Advertising Newsletter. The article considers the public and private challenges facing U.S. food and…