Tag: labeling
-
SHB Attorneys Discuss Food Labeling Litigation Based on Product Testing in Law360
Shook, Hardy & Bacon Agribusiness & Food Safety attorneys Ann Havelka and Jeff Lingwall provided an analysis of putative class action labeling claims against Salov North America and its Filippo Berio® brand of olive oil in a February 20, 2015, article for Law360. Kumar v. Salov North America Corp., No. 4:14_CV-02411 (N.D. Cal. Feb. 3,…
-
U.S. Lawmakers Reintroduce Legislation Mandating GE Labeling for Food
U.S. Sens. Barbara Boxer (D-Calif.), Richard Blumenthal (D-Conn.) and Rep. Peter DeFazio (D-Ore.) have reintroduced a proposed bill that would require the Food and Drug Administration to initiate labeling rules for foods that contain genetically engineered (GE) ingredients. “Some in the food and chemical industry say adding this very small piece of information to food…
-
Lawsuit Challenging Florida Skim Milk Labeling to Continue
A Florida federal court has denied the state’s motion to dismiss a First Amendment lawsuit challenging regulations that require products labeled as “skim milk” to contain the same amount of vitamin A as whole milk. Ocheesee Creamery, LLC v. Putnam, No. 14-621 (N.D. Fla., order entered February 7, 2015). Because the process of skimming cream from…
-
Putative Class Action Challenging Source and Quality of Olive Oil to Continue
A California federal court has dismissed two claims and allowed four to continue in a putative class action alleging that (i) Salov North America Corp. mislabeled its Filippo Berio olive oils as “Imported from Italy” despite using olives grown and pressed in other countries and (ii) its extra virgin olive oils do not meet the…
-
“Natural Source of Antioxidants” Not a Nutrient-Content Claim, Court Says
An Arkansas federal court has dismissed with prejudice a putative class action alleging that Twinings North America, Inc. mislabeled its tea by including the statement that the product is a “natural source of antioxidants” on its packaging. Craig v. Twinings North Am., Inc., No. 14-5214 (W.D. Ark., order entered February 5, 2015). The plaintiff had argued…
-
Putative Class Action Alleges Muscle Milk False Labeling
A group of consumers has filed a putative class action against Cytosport Inc., maker of Muscle Milk, alleging that its powdered and ready-to-drink protein supplements do not contain the ingredients and characteristics advertised on its packaging. Clay v. Cytosport Inc., 15-165 (S.D. Cal., filed January 23, 2015). The plaintiffs argue that independent scientific testing shows…
-
Plaintiff’s Failure to Define “Natural” Dooms Kettle Chip Labeling Suit
A Missouri federal court has dismissed a lawsuit challenging the “all natural” labels of Cape Cod Chips because the plaintiff failed to provide a suitable definition of “natural.” Kelly v. Cape Cod Potato Chip Co., No. 14-119 (W.D. Mo., order entered January 27, 2015). The plaintiff alleged that 16 varieties of Cape Cod Chips were…
-
FTC Seeks Fair Packaging and Labeling Act Comments
The U.S. Federal Trade Commission (FTC) is soliciting comments on proposed amendments to the Fair Packaging and Labeling Act (FPLA). The 1967 law requires that certain products carry labels with identifying information such as the source, content and quantity and specifically excludes—among other categories—meat products, poultry and alcohol beverages. FTC sought comments on the existing…