Tag: artificial flavoring
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Malic Acid Putative Class Actions Filed Against Utz, Talking Rain
Plaintiffs represented by the same plaintiff’s firm have filed lawsuits alleging that companies mislead consumers by labeling their foods as flavored naturally despite containing malic acid. Lepiane v. Utz Quality Foods LLC, No. 18-2659 (S.D. Cal., filed November 20, 2018); Augustine v. Talking Rain Beverage Co., No. 18-2576 (S.D. Cal., filed November 9, 2018). The…
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Advocacy Groups Sue FDA To Compel Decision on Food Additive Petition
Seven advocacy groups, including the Center for Science in the Public Interest, Natural Resources Defense Council and Center for Food Safety, have filed a petition for a writ of mandamus seeking to compel the U.S. Food and Drug Administration (FDA) to issue a decision on a 2015 petition asking FDA to withdraw its approval of…
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Trader Joe’s in Mislabeling, Trademark Disputes
A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…
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Plaintiff Alleges Hazelnut Coffee Lacks Front-of-Package Flavoring Disclosure
A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in…
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Advocacy Groups Seek to Compel FDA Ruling on Food Additive Petition
Eight advocacy groups have filed a joint petition for a writ of mandamus to compel the U.S. Food and Drug Administration (FDA) to rule on a 2016 citizen petition seeking recission of approval for several artificial flavorings used in food that have been linked to cancer. Breast Cancer Prevention v. FDA, No. 18-71260 (9th Cir.,…
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Consumer Challenges Salt & Vinegar Flavor
Kellogg Co. faces a putative class action alleging its Salt & Vinegar Pringles are mislabeled as containing “No Artificial Flavors” because the nutrition label identifies two artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., filed April 20, 2018). The complaint asserts that although both sodium diacetate and malic acid can occur in nature, the sodium…
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Quaker Oats Wins Dismissal of Flavored-Oatmeal Litigation
A California federal court has dismissed with prejudice a putative consolidated class action alleging that Quaker Oats Co. falsely advertised its instant oatmeal as containing maple syrup, finding that the plaintiffs were unable to allege conduct not preempted by the federal Food, Drug and Cosmetic Act (FDCA). In re Quaker Oats Maple & Brown Sugar…
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Salt-and-Vinegar Lawsuit Survives Motion to Dismiss
A California court has denied a motion to dismiss a putative class action alleging the label of Frito-Lay North America Inc.’s Lay’s salt-and-vinegar-flavored potato chips fails to specify whether the vinegar flavoring is natural or artificial. Allred v. Frito-Lay N. Am., Inc., No. 17-1345 (S.D. Cal., entered March 7, 2018). The plaintiff couple filed similar lawsuits…