Tag: labeling
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Certification Denied in Probiotic Yogurt Dispute
A California federal court has refused to certify the proposed class in a case alleging Yakult U.S.A., Inc. mislabels its probiotic yogurt drinks as providing nonexistent health benefits. Torrent v. Yakult U.S.A., Inc., No. 15-0124 (C.D. Cal., order entered January 5, 2016). The plaintiff argued that “Yakult fails to actually confer any health benefit and…
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MSG False Ad Settlement Denied
A California federal court has denied a proposed settlement in a consumer class action alleging Annie Chun’s® soup products, made by CJ America Inc., either contain monosodium glutamate or ingredients that produce the substance during the cooking process despite being labeled as “No MSG Added.” Petersen v. CJ America Inc., No. 14-2570 (S.D. Cal., order…
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Ad Board Allows String Cheese Maker to Continue Claims
The National Advertising Division (NAD), an arm of the advertising industry’s self-regulation system, has concluded Saputo Cheese, USA, Inc. can support its claims that its string cheese is “natural” and “low-moisture part-skim mozzarella cheese” despite challenger Lactalis American Group’s argument that Saputo’s products contain artificial phosphate and fillers. Lactalis argued Saputo’s products do not comply…
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Hampton Creek Can Keep “Just Mayo” Name, FDA Announces
The U.S. Food and Drug Administration (FDA) has reportedly reached a deal with Hampton Creek, maker of eggless spread Just Mayo®, allowing the company to keep the name of its product but requiring changes to its packaging. Just Mayo® labels will now feature larger words touting its features, including “egg-free” and “spread and dressing,” and…
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Shook Attorneys Obtain Dismissal for Multivitamin Manufacturer
A Missouri federal court has granted a motion to dismiss a lawsuit against Source Naturals, Inc., maker of Life Force® multivitamins, alleging the company misrepresented the amount of vitamins and nutrients in the product on the label. Dougherty v. Source Naturals, Inc., No. 15-0574 (E.D. Mo., order entered December 8, 2015). The plaintiff argued her…
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California Federal Court Dismisses Trader Joe’s Soy Milk Mislabeling Suit
A California federal court has dismissed a lawsuit against Trader Joe’s Co. alleging the retailer’s soy milk is mislabeled because it does not contain cow’s milk, which the plaintiffs argued amounts to a violation of the federal Food, Drug, and Cosmetic Act and California’s consumer protection statute. Gitson v. Trader Joe’s Co., No. 13-1333 (N.D.…
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California Supreme Court Allows Challenge to “Organic” Herbs
The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous…
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Kind LLC Challenges FDA’s “Healthy” Labeling Regulations
Kind LLC has filed a citizen petition to the U.S. Food and Drug Administration (FDA) challenging regulations governing the use of “healthy” on food labeling, arguing that specific nutrient levels in a product do not dictate whether it is “healthy.” The petition asks FDA to reevaluate its nutrient content claim regulations for consistency with current…