Food & Beverage Litigation & Regulatory Update

Tag: Florida

  • Beck’s False Advertising Case to Proceed

    A Florida federal court has denied Anheuser-Busch’s motion to dismiss a case accusing the beverage company of misleading consumers into believing that Beck’s beer was still brewed in Germany, finding that the plaintiffs adequately pleaded their claims. Marty v. Anheuser-Busch Cos., No. 13-23656 (S.D. Fla., order entered September 5, 2014). In 2012, Anheuser-Busch moved production…

  • Florida Cases Accusing Bodacious Foods, Kashi of “All Natural” Mislabeling to Continue

    A Florida federal court has rejected a motion to dismiss in a case accusing Bodacious Foods of labeling its cookies as “all natural” despite containing sugar, canola oil, dextrose, corn starch, and citric acid, which the plaintiff alleges should preclude Bodacious from using the “natural” label. Dye v. Bodacious Food Co., No. 14-80627 (S.D. Fla., order…

  • No Reconsideration for Expert Exclusion in DHA Omega-3 Fortified Milk Suits

    A federal magistrate in Florida has denied the plaintiffs’ request in multidistrict litigation challenging marketing claims that DHA Omega-3-fortified milk supports brain health to reconsider an earlier order excluding the testimony of their expert. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practice Litig., MDL No. 2324 (S.D. Fla., order entered June 17,…

  • MDL Magistrate Excludes Plaintiffs’ Expert in DHA Omega-3 Fortified Milk Suits

    A federal magistrate in Florida has decided that the opinion proffered by the plaintiffs’ expert in litigation challenging “brain health” marketing claims for algal-derived DHA Omega-3 fortified milk products is unreliable, thus granting the defendant’s motion to exclude it. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practices Litig., MDL No. 12-2324 (S.D.…

  • Snyder’s-Lance Seeks Dismissal of “Natural” Class Action Complaint

    Snack maker Snyder’s Lance, Inc. has filed a motion to dismiss an amended class complaint filed by representative plaintiffs alleging that the company misleads consumers by labeling its products as “natural” when they contain genetically modified ingredients. Barron v. Snyder’s Lance, Inc., No. 13-62496 (S.D. Fla., Miami Div., motion filed March 10, 2014). Among other…

  • Court Dismisses ECJ Claims Against Amy’s Kitchen

    A federal court in Florida has dismissed, without prejudice, a putative statewide class action filed against Amy’s Kitchen, alleging that the company misleads consumers by identifying the sugar in its products as “evaporated cane juice” (ECJ). Reilly v. Amy’s Kitchen, Inc., No. 13-21525 (S.D. Fla., order entered March 7, 2014). The court agreed with the…

  • Florida Class Action Filed over ECJ Designation on Food Ingredient Lists

    A putative statewide consumer-fraud class action has been filed in a Florida state court against Living Harvest Foods, Inc. over use of the term “evaporated cane juice” (ECJ) on food product labels rather than sugar. Miller v. Living Harvest Foods Inc., No. __ (Fla. Cir. Ct., Miami-Dade Cty., filed January 30, 2014). While the specific products…

  • False ECJ Claims Against Amy’s Kitchen Narrowed

    A federal court in Florida has dismissed putative class claims in a consumer-fraud lawsuit to the extent they involve allegedly false “evaporated cane juice” (ECJ) labeling on Amy’s Kitchen food products that the named plaintiff did not purchase, but has otherwise allowed the remaining claims to proceed. Reilly v. Amy’s Kitchen, Inc., No. 13-21525 (S.D. Fla.,…