Food & Beverage Litigation & Regulatory Update

Tag: Illinois

  • Plaintiff Alleges Color of Brown Bread Implies Healthfulness

    A plaintiff has filed a putative class action alleging Bimbo Bakehouse LLC misleads consumers by selling The Cheesecake Factory “Our Famous ‘Brown Bread’ Wheat Sandwich Loaf” as a bread made with primarily whole grains despite containing higher amounts of enriched wheat flour. Hamidani v. Bimbo Bakehouse LLC, No. 22-1026 (N.D. Ill., E. Div., filed February 26,…

  • Plaintiff Argues Whole Foods’ Alleged Slack Fill Contradicts Eco-Friendly Image

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. sells a boxed rice pilaf in packaging that misleads consumers by being larger than the ingredients inside require. Jacobs v. Whole Foods Mkt. Grp., No. 22-0002 (N.D. Ill., E. Div., filed January 1, 2022). The complaint details Whole Foods’ stated commitment to…

  • Baby Formula Comparison to Breast Milk Confuses Consumers, Lawsuit Alleges

    A plaintiff has filed a putative class action alleging Abbott Laboratories Inc.’s Similac Pro-Advance infant formula is advertised as the company’s “closest formula to breastmilk,” allegedly misleading consumers into believing that the formula can convey the same benefits as breast milk. Conner v. Abbott Labs. Inc., No. 21-1463 (S.D. Ill., Benton Div., filed November 20,…

  • Shortbread Cookies Lack Expected Butter, Consumer Alleges

    A plaintiff has alleged that Mondelez Global LLC misleads consumers about the butter content of its Lorna Doone shortbread cookies. Troutt v. Mondelez Global LLC, No. 21-1279 (S.D. Ill., Benton Div., filed October 19, 2021). The plaintiff argues that “the Product’s ingredients are inconsistent with what consumers expect from a food identified as ‘shortbread cookies’” and…

  • Tootsie Roll Challenges Tootsie Pups

    Tootsie Roll Industries has filed a trademark infringement action alleging Lafayette Bay Products, LLC, doing business as Spunky Pup, illegally copied its trade dress by manufacturing and selling a product called “Tootsie Pups.” Tootsie Roll Indus. LLC v. Lafayette Bay Prods. LLC, No. 21-1997 (N.D. Ill., E. Div., filed April 14, 2021). Tootsie Roll Industries…

  • Candy Company Misrepresents Number of Servings, Plaintiffs Allege

    Kilwins Quality Confections Inc. sold chocolate and other candy products in containers that “materially overstate the volume of the contents,” according to a plaintiff. Rand v. Kilwins Quality Confections Inc., No. 21-1513 (N.D. Ill., E. Div., filed March 18, 2021). The consumer argues that the company’s shredded-chocolate containers “materially overstate the actual volume of, and…

  • Arizona “Zero-Calorie” Beverage Contains Calories, Plaintiff Alleges

    A consumer has alleged in a putative class action that the “zero-calorie” version of Arizona Beverages USA’s Arnold Palmer actually contained 15 calories per can. Meyers v. Arizona Beverages USA LLC, No. 20-5543 (N.D. Ill., E. Div., filed September 18, 2020). The complaint asserts that the U.S. Food and Drug Administration required Arizona Beverages to change…

  • “Farmstand” Tropicana Contains Malic Acid, Plaintiff Argues

    Two consumers have filed a putative class action alleging that Tropicana misleads consumers by implying that its products are natural despite containing malic acid. Willard v. Tropicana Mfg. Co., No. 20-1501 (N.D. Ill., filed February 28, 2020). The complaint argues that Tropicana “tricks consumers” into buying products by “omitting the legally required disclosures” about artificial…