Food & Beverage Litigation & Regulatory Update

Tag: grocery

  • FDA Issues Final Guidance for Compliance with Menu Labeling Rule

    The U.S. Food and Drug Administration (FDA) has issued final guidance to help chain establishments with 20 or more locations (e.g., grocery and convenience stores, quick-service and fast-food restaurants, pizza delivery outlets, and movie theaters) comply with menu labeling requirements for standard menu items and self-service offerings under the Federal Food, Drug, and Cosmetic Act.…

  • Bread Crumbs Suit Against Kroger Dismissed

    A California federal court has granted The Kroger Co.’s motion to dismiss a lawsuit alleging the company’s breadcrumbs product includes partially hydrogenated oil, which contains trans fat, despite labeling the product as “0g Trans Fat.” Hawkins v. Kroger Co., No. 15-2320 (S.D. Cal., order entered March 17, 2016). The court found that the mislabeling claims…

  • Environmental Groups Sue FDA over GE Salmon Approval

    Food and Water Watch, the Center for Food Safety, Friends of the Earth and other consumer and environmental groups have filed a lawsuit against the U.S. Food and Drug Administration (FDA) arguing the agency approved the use of genetically engineered (GE) salmon AquaBounty for human consumption without properly investigating related environmental risks. Inst. for Fisheries…

  • Milano® Trademark Suit Dismissed

    A Connecticut federal court has reportedly approved the dismissal of Pepperidge Farm’s lawsuit against Trader Joe’s Co. alleging the grocery infringed Pepperidge Farm’s trademarked Milano® cookies. Pepperidge Farm v. Trader Joe’s Co., No. 15-1774 (D. Conn., order entered March 9, 2016). The lawsuit challenged Trader Joe’s Crispy Cookies, which Pepperidge Farm asserted were the same…

  • New York Federal Court Dismisses Proposed Class Action Against Whole Foods

    A New York federal court has dismissed a putative class action alleging Whole Foods Market Group overcharged its customers for some prepackaged foods, finding that the plaintiffs failed to specify any particular transactions in which the grocer overcharged them. In re Whole Foods Mkt. Grp., Inc. Overcharging Litig., No. 15-5838 (S.D.N.Y., order entered March 1,…

  • Court Dismisses Whole Foods Yogurt MDL for Reliance on Consumer Reports Data

    A Texas federal court has dismissed multidistrict litigation (MDL) alleging that Whole Foods Market Inc. lists incorrect amounts of sugar on its yogurt labels, concluding the Consumer Reports data relied on by the plaintiffs did not meet federal standards. In re Whole Foods Mkt. Inc. Greek Yogurt Mktg. & Sales Practices Litig., MDL No. 2588…

  • PETA’s Lawsuit Against Whole Foods Dismissed

    A California federal court has dismissed a lawsuit brought by People for the Ethical Treatment of Animals Inc. (PETA) alleging Whole Foods Market Inc. falsely advertises its meat as ethically slaughtered. PETA v. Whole Foods Mkt., Inc., No. 15-4301 (N.D. Cal., order entered January 29, 2016). The organization challenged Whole Foods’ five-step Global Animal Partnership rating…

  • Ohio Court Affirms Dismissal of Kroger “Humanely Raised” Chicken Dispute

    An Ohio appeals court has affirmed a lower court decision finding that two consumers’ mislabeling allegations against The Kroger Co. are preempted by the Poultry Products Inspection Act (PPIA). Arnold v. Kroger Co., No. C-150291 (Ohio Ct. App., 1st App. D., Hamilton Cty., order entered January 22, 2016). The consumers alleged Kroger’s chickens were not…