Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • FDA Guidance on ECJ Labeling to Appear in 2016

    The U.S. Food and Drug Administration (FDA) has told a California federal court that the agency will not issue guidance until 2016 about the use of “evaporated cane juice” (ECJ)—which plaintiffs nationwide assert is merely sugar—on food and beverage labeling. Swearingen v. Late July Snacks LLC, No. 13-4324 (N.D. Cal., agency letter filed July 13,…

  • Foster Farms Targeted in Purported Class Action over “Humane” Labeling

    A consumer has filed a putative class action against Foster Poultry Farms, Inc. alleging that the company’s label misleads by displaying an American Humane Association (AHA) certification logo because that certification does not indicate a higher, more humane standard for raising chickens. Leining v. Foster Poultry Farms, Inc., No. BC588044 (Cal. Super. Ct., filed July…

  • Actual Calories, Fat in Kraft Sour Cream Four Times the Label Listing, Lawsuit Alleges

    A consumer has filed a putative class action against Kraft Foods Group, Inc. alleging that the company’s Knudsen Hampshire Sour Cream is labeled as containing 60 calories with 3.5 grams of saturated fat per halfcup while the actual content is 240 calories with 14 grams of saturated fat. Appel v. Kraft Foods Grp., Inc., No.…

  • FOE Report Claims Food Industry Covertly Manipulates Public Discourse

    Friends of the Earth (FOE) has released a report claiming that so-called food and agriculture industry front groups use covert tactics to influence the public discourse around agriculture, organic production and sustainability, and genetically modified organisms (GMOs). Titled Spinning Food: How Food Industry Front Groups and Covert Communications Are Shaping the Story of Food, the…

  • Listing ECJ on Cookie Label Misleads About Sugar Content, Putative Class Action Against Whole Foods Alleges

    A consumer has filed a proposed class action against Whole Foods Market Group Inc. alleging that the company’s Gluten Free All-Natural Nutmeal Raisin Cookies list evaporated cane juice (ECJ) as an ingredient to mislead consumers about the amount of sugar contained in the product. Bryant v. Whole Foods Mkt. Grp. Inc., No. 15-1001 (E.D. Mo.,…

  • Proposed “All Natural” Class Action Targets Pepsi’s Pure Leaf® Iced Tea

    A consumer has filed a putative class action against Unilever U.S., PepsiCo and the Pepsi Lipton Tea Partnership alleging that their line of Pure Leaf® Iced Teas are misleadingly labeled as “All Natural” and preservative-free because they contain citric acid, a synthetic ingredient. Ren v. Unilever U.S., Inc., No. 156463/2015 (N.Y. Sup. Ct., filed June…

  • FDA Extends Compliance Date for Calorie-Disclosure Labeling Rule

    Citing stakeholder concerns over insufficient time to achieve appropriate implementation, the U.S. Food and Drug Administration (FDA) has extended by one year the compliance date for its controversial menu-labeling rule from December 1, 2015, until December 1, 2016. The new requirements apply to restaurants and similar retail food establishments with more than 20 locations, as well…

  • “Natural” Capri Sun Contains Artificial Ingredients, Putative Class Action Alleges

    A consumer has filed a putative class action alleging that Capri Sun®, a product of Kraft Foods Group, is misleadingly represented as “natural” because it contains citric acid and “natural flavor.” Osborne v. Kraft Foods Grp., Inc., No. 15-2653 (N.D. Cal., filed June 12, 2015). The complaint asserts that citric acid is created synthetically through…