Tag: Massachusetts
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Honey Bunches of Oats Mislabeling Suit Dismissed
A Massachusetts federal court has dismissed a lawsuit alleging that Post Consumer Brands misleads consumers by implying that Honey Bunches of Oats is primarily sweetened with honey rather than sugar, brown sugar and corn syrup. Lima v. Post Consumer Brands LLC, No. 18-12100 (D. Mass., entered August 13, 2019). Post argued that “honey” describes “one…
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Consumer Reports Finds LaCroix Unlicensed for Sale in Massachusetts
Seeking to obtain information on the ingredients in LaCroix, Consumer Reports apparently discovered that National Beverage Corp. had failed to obtain a permit sell its products in Massachusetts, which requires the submittal of water-quality tests. Consumer Reports notes, “The situation reveals an unusual quirk of food safety regulations: Federal and state regulations typically treat artificially…
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Lawsuit Alleges Honey Bunches of Oats Sweetened By Sugar, Not Honey
Two plaintiffs have filed a putative class action alleging Post Consumer Brands sweetens its Honey Bunches of Oats cereals with “sugar, corn syrup, and other processed substances, and [they] contain only miniscule amounts of honey.” Lima v. Post Consumer Brands LLC, No. 18-12100 (D. Mass., filed October 5, 2018). The complaint lists the alleged risks…
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Consumers Challenge D-Malic Acid in Ocean Spray, Neuro Beverages
Consumers have filed lawsuits alleging that companies misrepresent their products as “natural” because they contain d-malic acid. One lawsuit targets Ocean Spray Cranberries Inc., alleging it mislabels its juices as free from artificial flavors despite containing d-malic acid rather than the naturally occurring l-malic acid. Froio v. Ocean Spray Cranberries Inc., No. 18-12005 (D. Mass.,…
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Mass. Governor Vetoes Raw Milk Bill
Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm stands and via home delivery, citing a need for stricter regulation of raw milk. “Consumption of unpasteurized milk can result in foodborne illness and possible death due to bacterial infections, especially among infants,…
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Man Sues Burger King After Being Jailed for $10 Bill
Burger King Corp. faces a civil-rights lawsuit after an employee at a Boston location accused a man of trying to pay for food with an allegedly counterfeit $10 bill, refused to return the bill and called the police when the man would not leave the restaurant. Ellis v. Burger King Corp., No. 1884-CV-01489 (Mass. Super. Ct., Suffolk…
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Plaintiff Alleges Hazelnut Coffee Lacks Front-of-Package Flavoring Disclosure
A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in…
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Guinness False-Source Claims to Continue
A Massachusetts federal court has dismissed half of the claims in a lawsuit alleging Diageo-Guinness misrepresents where its Guinness Stout beer is brewed. O’Hara v. Diageo-Guinness USA Inc., No. 15-14139 (D. Mass., entered March 27, 2018). The plaintiff alleged that the “Frequently Asked Questions” page of Guinness’ website stated that “All Guinness sold in the UK,…