Tag: healthy
-
USPTO Denies “World’s Healthiest Grocery Store” Registration to Whole Foods
The U.S. Patent and Trademark Office has rejected Whole Foods Market’s attempt to trademark the phrase “World’s Healthiest Grocery Store,” finding the statement to be merely descriptive and puffery. The company currently owns a trademark in “America’s Healthiest Grocery Store,” which it reportedly earned by using the mark in commerce for several years before registration.…
-
New Meta-Analysis Targets Health Effects of Butter Consumption
A meta-analysis examining the effect of dairy fats on health has identified “a small positive association between butter consumption and all-cause mortality, no significant association with incident CVD [cardiovascular disease] or CVD subtypes, and a modest inverse association with type 2 diabetes.” Laura Pimpin, et al., “Is Butter Back? A Systematic Review and Meta-Analysis of…
-
FDA to Reevaluate Use of “Healthy” on Food Labels
The U.S. Food and Drug Administration (FDA) will reconsider how “healthy” may be used on food packaging following the evaluation of a citizen petition filed by Kind LLC. FDA previously challenged Kind’s use of “healthy” on its nut bars, which contain more fat than permitted due to the inclusion of nuts, and Kind changed its…
-
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…
-
Campbell’s “Healthy” Gumbo Contains Trans Fat, Lawsuit Alleges
A consumer has filed a putative class action against Campbell Soup Co. alleging the company misrepresents its Healthy Request gumbo soup as “healthy” despite containing trans fat. Brower v. Campbell Soup Co., No. 16-1005 (S.D. Cal., filed April 25, 2016). Campbell has branded itself as “one of the world’s leading providers of healthy and nutritious foods,”…
-
Consumer Lawsuit Targets “Healthy” Coconut Oil Claims
A consumer has filed a putative class action against Carrington Tea Co. alleging the company advertises its coconut oil as “a healthy alternative to butter and various cooking oils, despite that coconut oil is actually inherently unhealthy, and a less healthy option to these alternatives.” Boulton v. Carrington Tea Co., No. B609360 (Cal. Super. Ct.,…
-
Kind LLC Challenges FDA’s “Healthy” Labeling Regulations
Kind LLC has filed a citizen petition to the U.S. Food and Drug Administration (FDA) challenging regulations governing the use of “healthy” on food labeling, arguing that specific nutrient levels in a product do not dictate whether it is “healthy.” The petition asks FDA to reevaluate its nutrient content claim regulations for consistency with current…
-
Kind “Healthy” Labeling Lawsuits Consolidated
The U.S. Judicial Panel on Multidistrict Litigation has consolidated 11 putative class actions against Kind LLC alleging that its snack bars are misleadingly marketed as “healthy” despite a high saturated fat content and low levels of nutrients. Kind LLC “All Natural” Litigation, MDL No. 2645 (S.D.N.Y., transfer order entered August 7, 2015). The court found…