Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Court Denies Dr Pepper’s Motion to Dismiss Ginger Ale Suit

    A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging…

  • Mashed Potato Labels Are Misleading, Lawsuit Alleges

    A consumer has filed a putative class action alleging the labels for Crystal Farms Refrigerated Distribution Co.’s Diner’s Choice mashed potatoes assert that the products are made with real butter and fresh whole potatoes while the products contain margarine and preservatives. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y., filed April 16, 2018).…

  • Advocacy Groups File Letter in Opposition to Meat Labeling Petition

    The Good Food Institute (GFI), with a group of plant-based and “clean” meat companies, has sent a letter to the U.S. Department of Agriculture (USDA) responding to a petition filed by the U.S. Cattlemen’s Association requesting that the agency restrict the definitions of “beef” and “meat” to products derived from live animals. GFI argues that…

  • Putative Class Alleges Deceptive Labeling of Fruit and Vegetable Snack Bars

    A consumer has filed a putative class action alleging That’s It Nutrition deceptively labels and advertises its snack bars’ ingredients by using collective names for the fruits and vegetables they contain. Medina v. That’s It Nutrition, LLC, No. 18-2022 (E.D.N.Y., filed April 4, 2018). The complaint alleges that That’s It fruit bar labels list generic…

  • Dairy Challenges FDA Skim Milk Labeling on First Amendment Grounds

    A Maryland dairy has filed a First Amendment lawsuit challenging a U.S. Food and Drug Administration (FDA) regulation requiring skim milk without vitamins A and D added to be labeled “imitation.” S. Mountain Creamery, LLC v. FDA, No. 18-0738 (M.D. Pa., filed April 4, 2018). According to the complaint, South Mountain Creamery cannot selling its “all-natural, additive-free,…

  • FDA Commissioner Offers Look at Agency’s Direction

    In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use with a food-labeling icon, (ii) implementing delayed updates to nutrition labels, and (iii) creating a strategy for reduction in salt consumption. Gottlieb reportedly…

  • “Super Herb” Beverage Maker Facing Putative Class Action Complaint

    Rebbl Inc. faces a putative class action alleging its “super herb” beverages are falsely advertised and labeled because the claims made for their ingredients are “not supported by sound scientific evidence.” Richburg v. Rebbl Inc., No. 18-1674 (E.D.N.Y., filed March 16, 2018). The complaint alleges that beverages in Rebbl’s product line of “Elixirs” and “Proteins”…

  • NAFTA Talks Include Food Labeling

    During negotiations for updates to the North American Free Trade Agreement, the Trump administration is reportedly seeking to stop the enactment of laws mandating food labels that warn of high levels of sugar, salt and fat. Officials in Mexico and Canada are reportedly considering regulatory actions similar to those in Chile, which approved requirements for…