Tag: dairy
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Creamery Targeted with Designation of Geographic Origin Lawsuit
A plaintiff has filed a putative class action alleging Tillamook County Creamery Association misleadingly markets its products as sourced from cows in Tillamook County. Bohr v. Tillamook Cty. Creamery Ass’n, No. 19-36208 (Ore. Cir. Ct., Multnomah Cty., filed August 19, 2019). The complaint alleges that consumers “increasingly seek out and are willing to pay more…
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Crystal Farms Wins Dismissal of Butter Lawsuit
A New York federal court has granted Crystal Farms Refrigerated Distribution Co.’s motion to dismiss a putative class action alleging that the packaging of Diner’s Choice mashed potatoes misleads consumers by featuring “Made with Real Butter” on the front despite containing both butter and margarine. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y.,…
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Start-Ups to Develop Lab-Grown Dairy Products
Bloomberg has published an article on companies looking to create dairy products from laboratory-grown whey that could compete with the livestock-derived whey that sold an estimated $10 billion in 2018. One featured start-up, Perfect Day, reportedly asserted that “its proteins require 98% less water and 65% less energy than that required to produce whey from…
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NMPF Submits Petition on “Milk” Labeling
The National Milk Producers Federation (NMPF) has submitted a citizen petition urging the U.S. Food and Drug Administration (FDA) to “[e]nforce existing ‘imitation’ labeling requirements against nutritionally inferior non-dairy substitutes for standardized dairy foods that are named and positioned as forms of ‘milk,’ ‘yogurt,’ ‘cheese,’ ‘ice cream,’ or ‘butter,’ yet fail to provide the ‘imitation’…
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Reps. Tell FDA to Clarify “Milk” as Dairy
A group of members of Congress, led by Reps. John Joyce (R-Pa.) and Anthony Brindisi (D-N.Y.), have urged the U.S. Food and Drug Administration (FDA) to enforce “regulations defining what may be labeled a dairy product, to combat the proliferation of imitation and substitute dairy products in the marketplace that undermine FDA regulations by using…
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“Vegan Butter” is not Butter, Plaintiff Argues
A consumer asserts that Miyoko’s Kitchen Inc.’s “vegan butter” misleads consumers into believing the product is “a ‘form’ of butter” despite lacking “any milk or dairy ingredients and the functional, nutritional, sensory and organoleptic attributes which consumers associate with butter.” Brown v. Miyoko’s Kitchen Inc., No. 18-6079 (E.D.N.Y., filed October 30, 2018). The products “bask…
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Seventh Circuit Finds Wisconsin Butter Law Constitutional
The U.S. Court of Appeals for the Seventh Circuit has upheld a Wisconsin law requiring butter sold within the state to bear a grade issued by a Wisconsin-licensed butter grader or the U.S. Food and Drug Administration. Minerva Dairy Inc. v. Harsdorf, No. 18-1520 (7th Cir., entered October 3, 2018). The Ohio dairy challenging the…
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FDA Seeks Input on Plant-Based Milks
The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products such as almond or soy milk. The agency’s request for information (RFI) seeks responses on three points: “How do you use plant-based products?” “What is your understanding of dairy terms like milk, yogurt and cheese…