Tag: labeling
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Claims Trimmed in Case Against Bigelow for Allegedly Inflating Health Benefits of Tea
A California federal court has dismissed fraud claims against R.C. Bigelow in a putative class action accusing the company of advertising that its tea “delivers healthful antioxidants” when the levels of antioxidants are too low to benefit the consumer. Victor v. R.C. Bigelow, No. 13-2976 (N.D. Cal., order entered July 18, 2014). The court allowed…
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Health Canada Revises Nutrition Labels to Emphasize Added Sugars
Health Canada has proposed nutrition labeling changes as part of an ongoing effort to make food and beverage labels easier for consumers to read. Based on a public consultation, the conclusions of Canadian Food Inspection Agency’s Food Labelling Modernization Initiative and a technical review of current labels, the amendments would revise the Nutrition Facts table,…
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EU and Southern Africa Agree to Protect Unique Food Names
The European Union (EU) and the Southern African Development Community (SADC)—Botswana, Lesotho, Mozambique, Namibia, South Africa, and Swaziland—have agreed to protect each other’s geographical indication (GI) names on agricultural products. The EU lists 251 GIs it seeks to protect for a variety of products, focusing especially on dairy products like cheese, while South Africa’s 105…
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Former FDA Commissioner: Food Label Revisions Not Enough
Former U.S. Food and Drug Administration Commissioner David Kessler has authored a perspective article in the July 17, 2014, issue of The New England Journal of Medicine, arguing that the agency’s proposed revisions to the Nutrition Facts panel “don’t go far enough.” While praising the first amendments to the panel since its launch in 1997, the…
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Ninth Circuit Rejects Objections to Nutella Settlement
The Ninth Circuit Court of Appeals has upheld the settlement of class actions alleging consumer fraud in ads portraying Nutella as a healthy breakfast food. In re Ferrero Litigation, No. 12-56469 (9th Cir., decided July 16, 2014) (unpublished). Three members of the certified statewide class objected to the settlement, which provided $550,000 to reimburse class…
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Muscle Milk® Settlement Given Final Approval
A federal court in California has granted final approval to the nationwide class settlement of claims that the company which makes Muscle Milk® products deceived consumers by labeling them with the terms “Healthy, Sustained Energy” and “Healthy Fats.” Delacruz v. CytoSport, Inc., No. 11-3532 (N.D. Cal., order entered July 1, 2014). Additional information about the…
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Court Dismisses Mislabeling Suit Against Hain in California; New Case Filed in New York
A California federal court has dismissed with prejudice a putative class action alleging that Hain Celestial Group Inc. mislabels its vegetable juice products as “organic” and “raw” one day before a proposed class action was filed against the company in New York federal court alleging similar claims about its baby foods and home care products.…
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Court Revives and Stays ECJ Suits
A California federal court has granted motions to amend the judgment in two cases previously dismissed to accord primary jurisdiction to the U.S. Food and Drug Administration (FDA), each alleging that the defendants mislabeled their food products as including “evaporated cane juice” (ECJ) rather than the more common term, sugar. Swearingen v. Santa Cruz Natural…