Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Safeway Settles Olive Oil Labeling Class Action

    A California state court has reportedly approved a class action settlement that will provide vouchers or cash to state residents who bought Safeway olive oil allegedly falsely labeled as “imported from Italy.” Kumar v. Safeway, No. RG14726707 (Cal. Super. Ct., entered March 16, 2018). The class alleged that Safeway labeled its olive oil as imported…

  • Court Expresses Doubt on FDA’s “Good-Faith Efforts” to Define “Natural”

    A New York federal court has issued a decision seemingly aiming to spur action from the U.S. Food and Drug Administration (FDA), which has purportedly exhibited “no discernible activity” to establish a definition of “natural.” In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered March 2, 2018). Kind LLC previously filed motions to…

  • Lawsuit Alleges Kombucha Drinks Falsely Advertise Probiotic Content

    A consumer has filed a putative class action alleging that Brew Dr. Kombucha misleadingly advertises its products as containing “billions” of probiotic bacteria. Bazer v. Brew Dr. Kombucha, No. 2018-2943 (Ill. Chancery Ct., Cook Cty., filed March 5, 2018). The plaintiff asserts that he bought several bottles of kombucha in different flavors because he heard…

  • USA Today Reports on Cattle Ranchers’ Fight to Define “Meat”

    With companies creating plant-based foods that look and taste like real meat—and even getting product placement in grocery meat cases—USA Today reports that U.S. cattle ranchers are disputing the categories of the products developed and sold by these companies, including Impossible Foods and Beyond Meat. The United States Cattlemen’s Association has filed a petition with…

  • FDA Announces Education Campaign For Nutrition Facts Label

    The U.S. Food and Drug Administration (FDA) has announced the launch of a “major educational campaign for consumers” about changes to the Nutrition Facts label on food products. The campaign will include educational videos, social media outreach and “user-friendly” websites to help consumers understand the relationship between their daily dietary choices and the risk of…

  • Court Denies Class Certification in Gerber Baby Food Labeling Suit

    A federal court in California has again denied class certification in a lawsuit alleging that Gerber Products Inc. misbranded baby food, finding that the plaintiff is not entitled to injunctive relief and that the proposed damages models will not provide the correct measure of restitution. Bruton v. Gerber Prods. Co., No. 12-2412 (N.D. Cal., entered…

  • House Passes Menu Labeling Rule

    The U.S. House of Representatives has passed a bill to amend the Federal Food, Drug and Cosmetic Act that would reduce nutrition- and calorie-labeling requirements on menus and bar civil liability for any restaurant or retail food establishment accused of violating the law’s requirements. The Common Sense Nutrition Disclosure Act would allow restaurants to use average…

  • Bumble Bee Agrees To Settle Salmon Labeling Dispute

    Bumble Bee Foods LLC has agreed to settle a proposed class action alleging the company’s labels indicate its Medium Red Smoked Salmon Fillet in Oil product contains wild-caught smoked salmon despite actually containing farm-raised salmon with artificial smoke flavoring. Rodriguez v. Bumble Bee Foods LLC, No. 17-2447 (S.D. Cal., motion for settlement filed February 1, 2018).…