Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Study Claims Restaurant Menus Remain Unhealthy

    A recent study asserts that the energy and sodium content of main entrées served in U.S. chain restaurants has remained unchanged over a one-year period, despite the enactment of federal regulations requiring menu labeling. Helen Wu & Roland Sturm, “Changes in the Energy and Sodium Content of Main Entrées in US Chain Restaurants from 2010…

  • Food Expiration Dates Target of NRDC Report

    The Natural Resources Defense Council (NRDC) and the Harvard Food Law and Policy Clinic have co-authored a September 2013 report claiming that the date label used on food products “is a key factor” in unnecessary food waste. Titled The Dating Game: How Confusing Food Date Labels Lead to Food Waste in America, the report focuses on…

  • Court Allows ECJ and “All Natural” Claims to Proceed Against Blue Diamond

    A federal court in California has denied the motion to dismiss filed in a putative nationwide class action alleging that Blue Diamond Growers misled consumers by labeling its almond milk products and snack foods as “all natural” and representing that they contain “evaporated cane juice,” (ECJ) in violation of federal labeling requirements incorporated into state…

  • Court Dismisses Misbranding Claims Against Welch Foods

    A federal court in California has dismissed with limited leave to amend the second amended complaint filed on behalf of a putative nationwide class against Welch Foods, alleging that the company’s juice, beverage, spread, and jelly labels and Website violate California labeling law by including “no sugar added,” “all natural,” “no artificial flavors,” and “high…

  • Safeway Sued for Using Preservative in “100% Natural” Products

    A California resident has filed a putative class action on behalf of statewide and nationwide classes alleging that Safeway, Inc. labels and promotes its Open Nature waffle products as “100% Natural” while using the synthetic chemical preservative, alternatively referred to as sodium acid pyrophosphate and disodium dihydrogen pyrophosphate, as an ingredient. Richards v. Safeway, Inc., No.…

  • Legislators Seek to Modernize Food Labeling

    U.S. Rep. Rosa DeLauro (D-Conn.), Rep. Frank Pallone (D-N.J.) and Sen. Richard Blumenthal (D-Conn.) have introduced legislation (H.R. 3147) seeking to “modernize” food labeling by updating the Nutrition Facts panel and ingredient list requirements, addressing front-of package (FOP) labeling, and eliminating misleading health claims. Titled the Food Labeling Modernization Act of 2013, the bill would…

  • Class Complaint Against Hain Celestial Amended

    A second amended complaint has been filed in a putative nationwide class action alleging that The Hain Celestial Group’s food and beverage product labels render their products misbranded and further mislead consumers because they use the terms “No Trans Fat,” “Evaporated Cane Juice” or “All Natural” in violation of state law. Smedt v. The Hain…

  • MDL Court Narrows “All Natural” Claims over Frito-Lay GMO Products

    A multidistrict litigation (MDL) court in New York has granted in part the motion to dismiss filed in a putative class action alleging that Frito-Lay North America and PepsiCo., its parent, mislead consumers by labeling various Tostitos®, SunChips® and Fritos Bean Dip® products as “all natural” when they contain genetically modified organisms (GMOs). In re…