Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Shook Attorneys Review “Regulatory Standoff” on Plant-Based Milks for Law360

    As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and Lindsey Heinz, with Associate Elizabeth Fessler, explain the debate in “Dairy Vs. Plant-Based ‘Milks’: A Regulatory Standoff.” While Canada and the EU have…

  • Naked Juice Faces Proposed Class Action for “Cold-Pressed” Labeling

    A consumer has filed a putative class action against PepsiCo alleging that Naked Juice products are mislabeled as “cold pressed” because they also undergo high-pressure processing, “render[ing] the composition of the final product distinct from the intermediate, cold pressed product.” Davis v. PepsiCo, No. 17-4551 (E.D.N.Y., filed August 2, 2017). The complaint alleges that Naked Juice’s “Naked Pressed” product line,…

  • Consumer Challenges Watermelon Beverage Ingredients, Production Process

    World Waters, maker of WTRMLN WTR, faces a proposed class action alleging its product labeling misleads consumers into believing that the products contain mostly watermelon juice and that the beverages are “cold-pressed” rather than heat-pasteurized. Pizzirusso v. World Waters, No. 17-4071 (E.D.N.Y., filed July 8, 2017). The plaintiff first asserts that World Water “overstates” the…

  • NYC Groups Challenge Enforcement of City Menu-Labeling Law

    A group of convenience-store and restaurant trade groups have filed a lawsuit to stop New York City from enforcing a municipal regulation requiring calorie and nutrition information to be posted in their establishments. Nat’l Assoc. of Convenience Stores v. New York City Dep’t of Hygiene, No. 17-5324 (S.D.N.Y., filed July 14, 2017). In 2010, the…

  • Livestock Associations Sue USDA for COOL Rule Repeal

    Two livestock trade associations have filed a lawsuit against the U.S. Department of Agriculture (USDA) alleging the agency’s 2016 repeal of marking and labeling regulations violates the Meat Inspection Act and the Tariff Act. Ranchers-­Cattlemen Action Legal Fund, United Stockgrowers of Am. v. U.S. Dept of Agric., No. 17-­0223 (E.D. Wash., filed June 19, 2017).…

  • Jelly Belly ECJ Suit Dismissed With Leave to Amend

    A plaintiff’s “cursory, formulaic recitation” of her purchase of Jelly Belly Candy Co.’s Sport Beans did not include enough factual allegations to establish a claim for relief, a California federal court has ruled. Gomez v. Jelly Belly Candy Co., No. 17-­0575 (C.D. Cal., order entered June 8, 2017). The plaintiff had alleged the candy maker’s…

  • Class Decertified in Kraft “Natural” Cheese Suit

    A California federal court has decertified a class and granted partial summary judgment in an action alleging Kraft Foods Group falsely advertised its fat­-free cheddar cheese as “natural.” Morales v. Kraft Foods Grp., No. 14-­4387 (C.D. Cal, order entered June 9, 2017). Details on previous decisions in the case appear in Issues 570 and 625…

  • FDA Delays Compliance Date for Nutrition Facts Labeling

    The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged foods and beverages that includes added­-sugar content and emphasizes calorie content. The FDA guidance document on the changes was updated to note that it received feedback from industry…