Tag: labeling
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FDA Issues Final Rule for “Gluten-Free” Labeling
The U.S. Food and Drug Administration (FDA) has issued a final rule defining the term “gluten-free” for voluntary food labeling. Among other things, the rule defines “gluten-free” to mean that a food does not contain (i) an ingredient that is a gluten-containing grain (e.g., spelt wheat); (ii) an ingredient derived from a gluten-containing grain that…
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California Class Members Seek to Set Aside Settlement of “Evaporated Cane Juice” Claims
Two California residents who filed a putative class action in a California federal court against, among others, a company that makes “Horizon,” “Silk,” “International Delight,” and “Land O’Lakes” brand products with labels including as an ingredient “evaporated cane juice” in alleged violation of Food and Drug Administration (FDA) requirements, have filed a complaint in intervention…
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Putative Class Claims Boar’s Head Misrepresents Lower Sodium Claims
A New York resident has filed a putative class action against Boar’s Head Provisions Co., alleging that the company’s advertising and labeling representations—“47% lower sodium,” “42% lower sodium,” and “40% lower sodium”—for some of its deli meats, including turkey breast and ham, contain as much sodium as its regular deli meat products and a higher…
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Putative Class Challenges Fruit Juice Labeling
A California resident has filed consumer fraud claims on behalf of a putative statewide class against a company that makes fruit juices with “No Sugar Added” statements on the product labels and without a statement that the juice is not a “low calorie” or “calorie reduced” product allegedly in violation of federal regulatory requirements. Cuzakis…
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Court Orders Partial Dismissal of False Ad Claims Against Food Companies
A federal court in California has dismissed in part and granted in part allegations in a second amended, putative class complaint filed against three food and beverage companies for alleged violations of state consumer fraud laws in the labeling claims on a plethora of products including chewing gum, juices, cookies, crackers, granola, stuffing, and cheese.…
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Court Dismisses Deceptive Marketing Claims Against Margarine Maker
A federal court in California has dismissed as preempted certain claims filed by a putative class alleging that Unilever deceptively markets “I Can’t Believe It’s Not Butter! Spray.” Pardini v. Unilever U.S., Inc., No. 13-1675 (N.D. Cal., order entered July 9, 2013). The dismissal was without prejudice, and the plaintiff has 30 days to amend…
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NOAA Issues Final Dolphin-Safe Tuna Labeling Rule
The National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) has published a final rule “to enhance the requirements for documentation to support labels on tuna products that represent the product as dolphin-safe.” According to NMFS, the rule “is intended to better ensure dolphin-safe labels comply with the requirements of the…
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Spate of Consumer-Fraud Lawsuits Filed Against Kellogg over “Real Fruit” Claims
Three putative class action lawsuits have been filed against Kellogg Co. in a California federal court alleging that the company misleads consumers by labeling its Super Mario Fruit Snacks® and Pop Tarts® as “Made with Real Fruit.” Spevak v. Kellogg Co., No. 13-2767, Barnes v. Kellogg Co., No. 13-2768, Ford v. Kellogg Co., No. 13-2770 (N.D. Cal., filed…