Tag: labeling
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ECJ Rules in Labeling Case Challenging German Tea Product
The European Court of Justice (ECJ) has found that a correct and complete list of ingredients can be part of an overall misleading food label in a case challenging a German tea company’s “Felix Raspberry and Vanilla Adventure” (“Felix Himbeer-Vanille Abenteuer”) product for having no flavorings derived from raspberries or vanilla. Bundesverband der Verbraucherzentralen und Verbraucherverbände…
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New Hampshire Governor Blocks “Babies on Beer Bottles” Bill
New Hampshire Governor Maggie Hassan (D) has reportedly vetoed a bill seeking to allow alcohol beverage labels to depict minors as long as the advertising is not intended to promote underage alcohol consumption. Introduced by Rep. Keith Murphy (R-Hillsborough), the measure (H.B. 122) would have struck language from the state’s rules on alcohol beverage advertising…
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Government Agencies Should Define “Natural” to Avoid Inconsistent Court Decisions, Professor Argues
In a recent journal article, a Babson College marketing law professor discusses legal disputes over the labeling of food as “natural,” noting drawbacks of using courts as public policy developers on the issue. Ross D. Petty, “‘Natural’ Claims in Food Advertising: Policy Implications of Filling the Regulatory Void with Consumer Class Action Lawsuits,” Journal of Public…
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Abbott Labs Faces Proposed Class Action over “Organic” Infant Formula
A group of consumers has filed a putative class action against Abbott Laboratories, Inc. alleging the company misrepresents its Similac Advance® Organic Infant Formulas because several of the ingredients are banned by federal law from use in food labeled “organic.” Marentette v. Abbott Labs., Inc., No. 15-2837 (E.D.N.Y., filed May 15, 2015). The plaintiffs challenge…
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Irish Regulatory Agency Issues Guidance on Use of Food Marketing Terms
The Food Safety Authority of Ireland (FSAI) has issued a guidance note for industry discussing general legal requirements for use of the descriptors “artisan/artisanal,” “farmhouse,” “traditional” and “natural.” “Marketing terms are designed to resonate with consumers and are an essential part of business development in the food industry,” said Wayne Anderson, FSAI Director of Food…
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CSPI Threatens Litigation Against Plum Organics and Gerber over Allegedly Deceptive Trade Practices
The Center for Science in the Public Interest (CSPI) has threatened to bring lawsuits against Plum Organics and Gerber Products Co. for allegedly deceptive trade practices in the marketing and labeling of their food products for babies and toddlers. In its May 11, 2015, letter addressed to Gerber and its parent company Nestlé S.A., CSPI…
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Court Dismisses Natural Claims Against Nature’s Own® Wheat Bread
A California federal court has dismissed the claims in a putative class action alleging that Flowers Bakeries misrepresents its Nature’s Own® bread as natural, healthy and wholesome despite containing synthetic ingredients, including azodicarbonamide, the “yoga mat chemical.” Romero v. Flowers Bakeries, No. 14-5189 (N.D. Cal., San Jose Div., order entered May 6, 2015). The plaintiffs…
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OFPA Does Not Preempt Putative Class Challenge to “Organic” Labels, Court Finds
A New York federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging that Hain Celestial’s Earth’s Best® food and body-care products are deceivingly labeled as “organic,” finding that the Organic Foods Production Act (OFPA) does not preempt the plaintiffs’ claims. Segedie v. Hain Celestial Grp., No. 14-5029…