Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Codex Meeting on Food Labeling Scheduled

    The U.S. Department of Agriculture has announced an April 9, 2019, public meeting to receive comments on the United States’ positions for the Codex Committee on Food Labelling meeting to be held in Canada in May 2019. Among the announced topics are (i) “Proposed draft Guidance for the Labelling of Non-Retail Containers”; (ii) “Proposed draft…

  • “Fine Print” Could Be A Plaintiff Lawyer’s Dream, Says Silverman

    The Nutrition Business Journal spoke to Shook Partner Cary Silverman on the rise of lawsuits stemming from “clean labels” listed on food products. While consumers may want easier-to-read labels, this shortened language may open the door to potential lawsuits. Silverman, who co-authored the 2017 report “The Food Court: Trends in Food and Beverage Class Action Litigation,” for…

  • “All Natural” LaCroix Flavors Are “98% Synthetic,” Putative Class Action Alleges

    Two consumers have alleged that National Beverage Corporation misleads buyers of LaCroix sparkling water because it advertises the products as “all natural” and “100% natural” while they contain flavors composed of “between 36% and 98% synthetic ingredients.” Graham v. Nat’l Beverage Corp., No. 19-0873 (S.D.N.Y., filed January 29, 2019). The complaint cites the Center for…

  • Plaintiff Alleges Coconut Oil Misrepresented as “Healthy”

    A consumer has filed a putative class action alleging that Barlean’s Organic Oils misrepresents the health benefits of its coconut oils because “coconut oil is actually inherently unhealthy, and a less healthy option” when compared to “butter and various cooking oils.” Testone v. Barlean’s Organic Oils LLC, No. 19-0169 (S.D. Cal., filed January 24, 2019).…

  • Lawsuit Challenges Nutritional Benefits of Sprouted Grains

    A plaintiff has alleged that Food for Life Baking Co. Inc. misled consumers by advertising its cereal product, Ezekiel 4:9, as nutritionally superior to comparable cereal products because it is made with sprouted grains. Elliott v. Food for Life Baking Co. Inc., No. 19-0249 (E.D.N.Y., filed January 13, 2019). The complaint asserts that Ezekiel 4:9’s…

  • USDA Releases GMO Labeling Standard

    The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has released the final National Bioengineered Food Disclosure Standard (NBFDS), which will require food manufacturers, importers and other entities to indicate on a product’s label whether it was made with genetically modified organisms (GMOs). The rule applies to food products in which the predominant ingredient is…

  • FDA Issues Uniform Compliance Date, Technical Amendments to Nutrition Facts Panel

    The U.S. Food and Drug Administration (FDA) has established January 1, 2022, as “the uniform compliance date for food labeling regulations that are published on or after January 1, 2019, and on or before December 31, 2020” to help “minimize the economic impact of label changes.” The agency also issued technical amendments to the Nutrition…

  • Whole-Grain Cheez-It Lawsuit Revived

    The Second Circuit has reversed a lower court’s dismissal of a lawsuit alleging that Kellogg Co. misleads consumers by marketing its Cheez-Its as “made with whole grain.” Mantikas v. Kellogg Co., No. 17-2011 (2nd Cir., entered December 11, 2018). The lower court had agreed with Kellogg that the “made with whole grain” label was factually…