Tag: labeling
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Class Certified in Fat-Free Cheddar Cheese “Natural” Lawsuit
A California federal court has certified a class of consumers challenging the “natural” label on Kraft’s fat-free cheddar cheese product but limited the class only to consumers who relied on that labeling when purchasing the product. Morales v. Kraft Foods Grp., Inc., No. 14-4387 (C.D. Cal., order entered June 23, 2015). The complaint had asserted…
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Anheuser-Busch Settles Beck’s® False Origin Suit
Anheuser-Busch has settled a class action alleging that the company misrepresented Beck’s® beer as brewed in Germany after a 2012 move to a St. Louis brewing facility. Marty v. Anheuser-Busch Cos., LLC, No. 13-23656 (S.D. Fla., preliminary approval entered June 23, 2015). The uncapped settlement will provide payouts to U.S. purchasers of bottles or packages…
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Advocacy Group Seeks FTC Scrutiny of Whole Foods over Alleged Produce Mislabeling
The Wisconsin-based Cornucopia Institute has asked the Federal Trade Commission (FTC) to investigate labeling associated with Whole Foods Market, Inc.’s Responsibly Grown fresh produce rating system for potential consumer fraud and mislabeling. According to a June 23, 2015, letter to the director of FTC’s Bureau of Consumer Protection, Cornucopia is “concerned that Whole Foods has…
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NYC Pricing Investigation Targets Whole Foods’ Pre-Packaged Foods
The New York City Department of Consumer Affairs (DCA) has alleged that Whole Foods Market, Inc. “routinely overstated the weights of its prepackaged products—including meats, dairy and baked goods— resulting in customers being overcharged.” According to a June 24, 2015, press release, DCA found mislabeled weights on 80 different types of products sold at New…
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McDonough and Settles Detail Hershey False Ad Case for Food and Drug Law Institute
Shook, Hardy & Bacon attorneys Madeleine McDonough and Jara Settles have co-authored a chapter in the Food and Drug Law Institute’s Top 20 Food and Drug Cases, 2014 and Cases to Watch, 2015. They discuss the district court’s decision in Khasin v. Hershey, in which a consumer challenged the confectioner’s label claims of health value and…
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FDA Issues Allergen Labeling Guidance
The U.S. Food and Drug Administration (FDA) has announced the availability of industry guidance on food allergen labeling exemptions. Titled “Food Allergen Labeling Exemption Petitions and Notifications,” the guidance reportedly explains the agency’s “current thinking on the preparation of regulatory submissions for obtaining exemptions for ingredients from the labeling requirements for major food allergens in…
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“Natural” Prego® Sauces Alleged to Contain Unnatural Canola Oil
In an amended complaint, a plaintiff has alleged that Campbell Soup Co.’s Prego® sauces contain canola oil with genetically modified organisms (GMOs) despite the products’ “100% Natural” label claims. Nelson v. Campbell Soup Co., No. 14-2647 (S.D. Cal., amended complaint filed June 8, 2015). The complaint asserts that 90 percent of canola crops in the…
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Putative Class Action Challenges Source of Bulleit® Bourbon
A consumer has filed a putative class action against Diageo Americas Supply alleging that its Bulleit® bourbon is not produced in Lawrenceburg, Kentucky, as its label states. M’Baye v. Diageo Ams. Supply, Inc., No. 15-1216 (S.D. Cal., filed June 1, 2015). The complaint asserts that Diageo does not operate a distillery in Lawrenceburg and further…