Food & Beverage Litigation & Regulatory Update

Tag: healthy

  • Court Finds Gerber Case Unaffected by Fourth Circuit Change in False Ad Standards

    A California federal court has denied Gerber Products Co.’s attempt to dismiss a false advertising lawsuit about the company’s Good Start® Gentle based on the reasoning in a June 2015 Fourth Circuit decision that significantly changed the law. Zakaria v. Gerber Prods. Co., No. 15-0200 (C.D. Cal., order entered July 14, 2015). The June decision…

  • Most Packaged Foods Exceed FDA Sodium Recommendations, Says CDC Study

    After examining the sodium content of packaged food products sold throughout the United States in 2009, Centers for Disease Control and Prevention (CDC) researchers have reported that “fewer than half of selected food products met Food and Drug Administration [FDA] sodium-per-serving conditions for labeling as ‘healthy.’” Alexandra Lee, et al., “Sodium Content in Packaged Foods by…

  • Putative Class Action Targets Kind LLC’s “Healthy” Claim

    Days after the U.S. Food and Drug Administration (FDA) released a March 2015 letter warning Kind LLC against using the word “healthy” to describe several of its products, a consumer filed a class action against the company alleging negligent misrepresentation and violations of California consumer protection statutes. Kaufer v. Kind LLC, No. 15-2878 (C.D. Cal.,…

  • Johns Hopkins Researchers Review Legal Actions Against Food Products Marketed to Youth 

    Researchers from the Johns Hopkins Bloomberg School of Public Health have authored an overview of litigation and governmental actions related to health claims on food and beverages marketed to children. Lainie Rutkow, et al., “Legal Action Against Health Claims on Foods and Beverages Marketed to Youth,” American Journal of Public Health, March 2015. By identifying…

  • Settlement Approved in “Low-Glycemic,” “Low-Carbohydrate” Pasta Class Action

    Under a settlement agreement approved by a New Jersey federal court, Dakota Growers Pasta Co. will pay $7.9 million to resolve claims that it deceptively markets, advertises and sells Dreamfields Pasta as having a low glycemic index and only five grams of digestible carbohydrates per serving, making it a “healthy alternative to traditional pasta.” Mirakay…

  • Court Further Trims “Healthy” and “Wholesome” Claims for Snacks

    A federal court in California has dismissed a number of claims with prejudice in the second amended complaint filed on behalf of a putative class alleging that the promotion of various snack products made by Procter & Gamble Co. and Kellogg Co. is false and misleading. Samet v. Procter & Gamble Co., No. 12-1891 (N.D.…

  • Idaho Legislature Considers Prohibition on “Unhealthy” Food Under SNAP

    The Idaho Senate has approved a joint memorial bill (S.J.M. 102) that would (i) state legislative findings, including that “taxpayers have a right to expect that their tax dollars will purchase fresh, healthy food that meets nutritional standards that will not contribute to health issues and higher medical costs,” and (ii) urge the federal government…

  • Deceptive Ad Claims Settled with Muscle Milk® Maker

    The company that makes the Muscle Milk® line of nutrition products has agreed to settle putative class claims that it misrepresented the products’ nutritional value. Delacruz v. CytoSport, Inc., No. 11-3532 (N.D. Cal., motion to approve settlement filed March 7, 2013). Details about the complaint appear in Issue 403 of this Update. A court order leaving…