Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Ohio Federal Court Dismisses Several Claims in Tito’s “Handmade” Suit

    An Ohio federal court has dismissed fraud and consumer-protection claims against Fifth Dimension, maker of Tito’s Handmade Vodka®, in a putative class action alleging the beverage company misrepresents the process of making its vodka by calling the product “handmade.” Terlesky v. Fifth Dimension, No. 15-0374 (S.D. Ohio, order entered November 17, 2015). The court analyzed…

  • FDA Issues Labeling Guidance for Foods Derived from GE Plants, GE Salmon

    In conjunction with its decision to approve the first genetically engineered (GE) animal for human consumption, the U.S. Food and Drug Administration (FDA) has published final labeling guidance for foods derived from GE crops and draft labeling guidance for GE salmon. Titled “Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived from Genetically Engineered Plants,”…

  • Fruit and Vegetable Photos Not Misleading to Reasonable Consumer, Court Holds

    A California federal court has dismissed a proposed class action against Plum Organics alleging that large photos of fruits and vegetables on the company’s Mighty 4® Children’s Food product packaging mislead consumers into believing the products contain significant amounts of those fruits and vegetables. Workman v. Plum Inc., No. 15-2568 (N.D. Cal., filed November 2,…

  • Sales Data Deemed Inadmissible Hearsay in Gerber Litigation

    A California federal court has remanded a putative class action against Gerber Products Co. on the labeling of its Gerber® Graduates® Puffs to state court and declined to admit sales data into evidence on hearsay grounds. Gyorke-Takatri v. Nestle USA, Inc., No. 15-3702 (N.D. Cal., order entered November 6, 2015). The plaintiffs allege Gerber misleads…

  • FDA Seeks Info and Comments About Use of the Term “Natural”

    Citing citizen petition and federal court requests for the agency to define “natural” for use in food labeling and determine if food products containing genetically engineered ingredients and high-fructose corn syrup may be labeled as “natural,” the U.S. Food and Drug Administration (FDA) is soliciting information and comments about use of the term in the…

  • Animal Legal Defense Fund Sues USDA for Undue Delay in Foie Gras Petition Response

    The Animal Legal Defense Fund (ALDF) has filed a lawsuit against the U.S. Department of Agriculture (USDA) alleging a violation of the Administrative Procedure Act (APA) based on USDA’s lack of response to ALDF’s 2011 rulemaking petition requesting mandatory labeling on foie gras produced through the forced feeding of ducks or geese. Animal Legal Def.…

  • Parties Reach $1.5 Million Settlement in MSG Labeling Dispute

    CJ America Inc., maker of Annie Chun’s soup and noodle products, and a plaintiff have reached a settlement in a lawsuit alleging the company misled consumers by selling products with monosodium glutamate (MSG) while labeling the foods with the claims “No MSG Added” or “100 percent all natural ingredients.” Petersen v. CJ America Inc., No.…

  • Advocacy Group Allleges Much “Wild” Salmon Is Mislabeled

    Conservationist group Oceana has issued a report purportedly finding that 43 percent of salmon samples purchased from U.S. restaurants and grocery stores were mislabeled. As a follow-up to a larger study, Oceana researchers DNA tested 82 salmon samples and compared them to the names under which restaurants and grocers sold them. Of the 32 salmon…