Tag: labeling
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New Jersey Suit Joins Others Challenging “Handmade” Vodka Label
According to a news source, New Jersey residents have filed a putative class action in state court against the Texas-based company that makes Tito’s Handmade Vodka®, the fourth such action filed within the past two months, alleging that promoting and labeling the product as “handmade” deceives consumers because the vodka is made in an industrial…
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Yogurt Sugar Content and “Non-GMO” Almond Milk Labels Challenged
Whole Foods Market Inc. is the target of two new putative nationwide class actions, one filed in a Texas federal court regarding the amount of sugar in the company’s plain Greek yogurt and the other filed in a California state court over alleged false advertising and sales of Blue Diamond almond milk products with a…
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New York Legislator Renews Call for SSB Warning Labels
According to press reports, New York Assemblyman Karim Camara (D-Brooklyn) announced this week that he intends to propose legislation requiring sugar-sweetened beverages (SSBs) to carry labels cautioning that their consumption contributes to “obesity, diabetes and tooth decay.” He introduced a similar bill (A10172) in August 2014, but no action was apparently taken on that initiative.…
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Trans Fat in Xtreme Wellness® Tortillas Generates Litigation
A California resident has filed a putative nationwide class action in federal court against Olé Mexican Foods, Inc., alleging that its Xtreme Wellness® whole-wheat tortillas contain partially hydrogenated vegetable oil, “banned in many parts of the world due to its artificial trans fat content,” thus belying the health and wellness representations the company uses on product…
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Diamond Foods Agrees to $2.75 Million Settlement in “All Natural” Class Actions
Diamond Foods, Inc. has agreed to settle the consumer fraud class action suits filed by plaintiffs in California and Florida alleging that the company falsely labels its Kettle Brand® chip products as “All Natural,” when they contain artificial, synthetic or genetically modified ingredients, or as “Reduced Fat” while referencing non-comparable foods. Klacko v. Diamond Foods,…
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Federal Court Dismisses Olive Oil Owners from False-Labeling Class Action
A federal court in New York has granted the motion for summary judgment filed by the owners of Kangadis Food Inc., a company that declared bankruptcy when faced with class claims that it falsely labeled its products as pure olive oil when they actually contain an industrially processed substance. Ebin v. Kangadis Family Mgmt. LLC, No.…
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Shook Authors Discuss U.S. Regulatory and Litigation Landmines in IBA Newsletter
Global Product Liability Partners Gregory Fowler and Marc Shelley have co-authored an article titled “Food and beverage labelling and advertising in the United States: Regulatory and litigation landmines,” appearing in the September 2014 issue of the International Bar Association’s Product Law and Advertising Newsletter. The article considers the public and private challenges facing U.S. food and…
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Vermont Invites Public Comments on GMO-Labeling Rule Enforcement
Vermont Attorney General (AG) William Sorrell is inviting public comments on a draft rule intended to enforce the state’s new law requiring the labeling of genetically modified organisms (GMOs) in food products. The proposed rule defines relevant terms such as “food,” “genetic engineering” and “in vitro nucleic acid techniques,” providing standards for retailers and food…