Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Court Blames Bees in Manuka Honey Lawsuit Dismissal

    A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe’s Co.’s “pure manuka honey” was “adulterated by the inclusion of cheaper honey.” Moore v. Trader Joe’s Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court’s decision notes a transcript from oral argument in which the plaintiff explained, “[T]here could…

  • Tropicana Targeted in Malic Acid Lawsuit

    A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as “natural” because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions…

  • UK to Require Allergen Labeling

    U.K. Environment Secretary Michael Gove has reportedly announced that a law requiring a full listing of ingredients on prepackaged food will take effect by the summer of 2021 and will include a two-year implementation period allowing businesses to adapt. “Natasha’s Law” bears the name of a 15-year-old who died from anaphylaxis after an allergic reaction…

  • Plaintiff Challenges Vanilla Flavoring in Yogurt

    A plaintiff has alleged that Danone North America misleads consumers by labeling its Dannon and Oikos yogurts as featuring “vanilla with other natural flavors” because the products contain “less vanilla flavor derived from vanilla beans than their name suggests.” Andriulli v. Danone N. Am., No. 19-5165 (S.D.N.Y., filed June 2, 2019). The plaintiff asserts that…

  • FDA Recommends Standardized Use of “Best If Used By”

    The U.S. Food and Drug Administration (FDA) has sent a letter to food and beverage manufacturers recommending that they primarily use “Best If Used By” on their packages to help consumers who may be confused by the use of the phrase “Sell By.” The letter explains that the Grocery Manufacturers Association and Food Marketing Institute…

  • Legal Ins and Outs of Food Advertising

    Shook Partner Lindsey Heinz and Associate Elizabeth Fessler discuss the regulatory and legal implications of food advertising, especially through social media, in the podcast available below. What types of scientific substantiation do companies need to supply for labeling claims, particularly those related to health and safety? Do the U.S. Food and Drug Administration (FDA) and…

  • “Wildberry Acai” Toaster Pastries Lack Enough Acai, Complaint Alleges

    A consumer has filed a putative class action alleging that Nature’s Path Foods USA Inc. misleads consumers by marketing the filling of its Wildberry Acai Toaster Pastries as containing high levels of acai berries despite containing more apples, raspberries, blueberries and other fruits. Louis v. Nature’s Path Foods USA Inc., No. 19-2584 (E.D.N.Y., filed May…

  • “Heart-Check Mark” StarKist Lawsuit to Continue

    A lawsuit alleging that StarKist misleads consumers by paying to feature the American Heart Association’s (AHA’s) Heart-Check Mark will continue after a New York federal court refused to dismiss the complaint. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., entered March 25, 2019). The court refused to dismiss the plaintiff’s allegation that the Heart-Check Mark materially…