Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Law Prof Urges Partial Repeal of NLEA

    Associate Law Professor Diana Winters argues in “The Magical Thinking of Food Labeling: The NLEA as a Failed Statute” that those parts of the Nutrition Labeling and Education Act of 1990 (NLEA) regulating “health claims” and “nutrient content claims” have been ineffective at addressing obesity and should be repealed. While Winters acknowledges that leaving this…

  • Nutrition Bar Class Cannot Be Ascertained, Court Refuses to Certify It

    A federal court in California has denied the plaintiff’s request to certify a class of those who purchased ZonePerfect Nutrition bars relying on allegedly deceptive labels representing the products as “All Natural.” Sethavanish v. ZonePerfect Nutrition Co., No. 12-2907 (N.D. Cal., order entered February 13, 2014). The court found that the plaintiff set forth sufficient…

  • ECJ and “All Natural” Claims Against Chobani Dismissed

    A federal court in California has dismissed with prejudice the third amended complaint filed by named plaintiffs on behalf of a putative class of purchasers of Chobani Greek Yogurt products, alleging violations of state consumer protection laws because the products were mislabeled under federal law by listing evaporated cane juice (ECJ), instead of sugar, as…

  • California Introduces Warning Label Legislation for Soft Drinks

    California State Senator Bill Monning (D-Carmel) has introduced legislation (SB 1000) that would require all sugar-sweetened beverages (SSBs) containing more than 75 calories per 12-ounce serving to carry safety warnings. Co-sponsored by the California Center for Public Health Advocacy, the Sugar-Sweetened Beverage Safety Warning Act would direct manufacturers, distributors and retailers to place the following…

  • House Members Ask FDA to Relax Approach to Menu Labeling

    A number of U.S. House of Representatives members have written to Food and Drug Administration (FDA) Commissioner Margaret Hamburg to express concern over proposed regulations that would implement the Affordable Care Act’s requirements pertaining to the nutrition labeling of standard menu items at chain restaurants. In their February 14, 2014, letter, they claim that FDA’s…

  • Class Claims HPP-Treated Fruit Drinks Cannot Carry “Raw” Labeling

    A California resident has filed a putative nationwide class action against Suja Life, LLC, alleging that the company, which advertises and labels its juice products as “raw” and “cold-pressed,” misleads consumers because it uses a high pressure processing (HPP) treatment that alters the nutrients and live enzymes that raw-product purchasers wish to consume. Heikkila v.…

  • Court Allows Claims Against Guacamole Maker to Proceed

    A federal court in California has denied the motion to dismiss filed by guacamole maker Yucatan Foods, L.P. in a putative class action alleging violations of labeling laws based on the company’s use of “evaporated cane juice” instead of “sugar” on product labels. Swearingen v. Yucatan Foods, L.P., No. 13-3544 (N.D. Cal., order entered February…

  • TTB Updates Gluten Content Labeling Policy

    The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a revised interim policy on gluten content statements permitted in wine, distilled spirits and malt beverage labeling and advertising. TTB took the action after reviewing the U.S. Food and Drug Administration’s (FDA’s) final rule on the use of “gluten-free”…