Tag: labeling
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FDA Seeks Comments on Food Labeling Regulations
The U.S. Food and Drug Administration (FDA) has issued a request for comments regarding a proposed information collection about food labeling regulations. According to FDA, current approval periods for information collection requests regarding (i) third-party disclosure burdens about the amount of trans fatty acids present in a food, and (ii) voluntary declarations of the quantitative…
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Beer Consumers Allege AB Misleads About Kirin Beer Origins
For the second time in a month, attorneys with three Florida law firms have filed litigation on behalf of state consumers alleging that Anheuser-Busch Cos. (AB) sells a formerly imported beer “in a way that misleads consumers into believing that Kirin beer is still made in and imported from Japan, and accordingly sell[s] Kirin beer…
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Court Narrows Labeling Claims Against Frito-Lay
A federal court in California has significantly narrowed the consumer-fraud claims that may be asserted against Frito-Lay involving a number of its snack products labeled as “All Natural,” “0 Grams Trans Fat” and “No MSG.” Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., order entered October 24, 2013). All claims dismissed were with prejudice.…
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Putative Class Claims Kefir and Lassi Products Misbranded with “Evaporated Cane Juice”
A California resident has filed a putative nationwide class action against Lifeway Foods, Inc., alleging that many of its kefir, lassi and frozen yogurt products are misbranded under federal law and the state’s Sherman Law because they list as ingredients “Evaporated Cane Juice” or “Organic Cane Juice,” terms that purportedly render the products illegal. Figy…
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Consumers Challenge “Unpasteurized” and “100% Raw” Juice Labels
New York and California residents have filed a putative nationwide class action against Hain Celestial Group, Inc., alleging that its fruit and vegetable juice products, labeled as “Unpasteurized” and “100% Raw” are false and misleading because the products undergo high pressure processing, “which neutralizes the benefits of the live enzymes, probiotics, vitamins, proteins, and nutrients…
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Federal Court Refuses to Stay Three Suits Challenging “100% Natural” Labels
A federal court in California has denied the request of General Mills, Inc. to stay the proceedings in three putative class actions alleging that it misleads consumers by promoting various products as “100% Natural” given ingredients that are genetically modified or highly processed, such as high-fructose corn syrup, high-maltose corn syrup and maltodextrin. Rojas v.…
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Claims Pared in Consumer Fraud Suits Against Wallaby Yogurt and Trader Joe’s
A federal court in California has dismissed certain claims, with leave to amend, in putative class litigation challenging various aspects of labels for Wallaby Yogurt Co. and Trader Joe’s Co. food products; it has refused to abstain from deciding the matters under the primary jurisdiction doctrine. Morgan v. Wallaby Yogurt Co., Inc., No. 13-296, Gitson…
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No Reasonable Consumer Would Be Fooled by Butter Spread Labels, Court Rules
A California appeals court has affirmed the dismissal with prejudice of a putative class action alleging that Kroger Corp. misled consumers by failing to comply with federal and state law requirements for labeling its Challenge® spreadable butter products. Simpson v. The Kroger Corp., No. B242405 (Cal. App. Ct., decided September 25, 2013). The court found…