Tag: fruit
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Ninth Circuit Partially Reverses “All Natural” Summary Judgment in Dole Case
The Ninth Circuit Court of Appeals has reversed a grant of summary judgment to Dole Packaged Foods in a lawsuit alleging the company misleads consumers by labeling its packaged fruit products as “all natural” in violation of California consumer-protection statutes. Brazil v. Dole Packaged Foods, No. 12-1831 (9th Cir., order entered September 30, 2016). The…
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Ad Board Recommends Kellogg Adjust Fruit Snacks Packaging
The Children’s Advertising Review Unit (CARU) has advised Kellogg Co. to revise the packaging for Fruit Flavored Snacks, recommending against statements that the product is “made with real fruit.” The front of the package featured cartoon characters and the statement “made with real fruit” superimposed on the image of an apple. The side panel clarified…
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SCOTUS Denies Cert. in POM Wonderful Health Claims Case
The U.S. Supreme Court has denied certiorari in a Federal Trade Commission (FTC) lawsuit against POM Wonderful LLC and Roll Global LLC alleging the companies made false or misleading health claims about their pomegranate-derived products. POM Wonderful LLC v. FTC, No. 15-525 (U.S., certiorari denied May 2, 2016). The U.S. Court of Appeals for the…
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European High Court Affirms Preservative Labeling on Citrus Fruits
The European Court of Justice (ECJ) has reportedly affirmed a ruling that Spanish citrus growers must label their fruits when they have used chemicals or preservatives in post-harvest processing. Spain challenged the European Commission’s (EC’s) power to enact the rule, arguing the U.N. Economic Commission for Europe had set voluntary standards only. The lower court…
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Proposed Class Action Challenges Welch’s Fruit Snacks Health Claims
Two consumers have reportedly filed a putative class action against Welch Foods, Inc. and Promotion in Motion Cos. alleging their Welch’s fruit snacks products are deceptively advertised as providing vitamins and nutrients despite being “no more healthful than candy.” Atik v. Welch Foods, Inc., No. 15-5405 (E.D.N.Y., filed September 18, 2015). Welch’s packaging advertises its…
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European Court Affirms Ruling Against Dole on Banana Price-Fixing
The European Court of Justice has refused to void a lower court’s decision against Dole Foods confirming an $83 million fine shared with other companies resulting from a finding of collusion to fix the prices of bananas sold in several European countries. Dole Food & Dole Germany v. Commission, No. C-286/13 P (E.C.J., order entered…
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UC Davis Settles Dispute with Strawberry Commission
The University of California, Davis, and the California Strawberry Commission (CSC) have issued a joint press release announcing the settlement of CSC’s lawsuit and the university’s countersuit. CSC initially alleged that the university allowed two of its strawberry developers to leave its employment to privatize the cultivation process using money provided by CSC growers, and…