Food & Beverage Litigation & Regulatory Update

Tag: New Jersey

  • Settlement Approved in “Low-Glycemic,” “Low-Carbohydrate” Pasta Class Action

    Under a settlement agreement approved by a New Jersey federal court, Dakota Growers Pasta Co. will pay $7.9 million to resolve claims that it deceptively markets, advertises and sells Dreamfields Pasta as having a low glycemic index and only five grams of digestible carbohydrates per serving, making it a “healthy alternative to traditional pasta.” Mirakay…

  • Gerber Probiotics False Advertising Putative Class Action Can Continue

    A New Jersey federal court has refused to dismiss a lawsuit alleging that Gerber falsely advertises some of its products as providing immune system boosts and as being nearly equal to breast milk. In re Gerber Probiotics Sales Practices Litig., No. 12-835 (D.N.J., order entered October 6, 2014). The plaintiffs alleged that Gerber misleadingly advertised three…

  • Putative Class Action to Proceed Against MonaVie

    A federal court in New Jersey has denied the motion to dismiss filed by MonaVie, Inc. in consumer-fraud litigation involving its juice products, finding that the first amended putative class-action complaint was sufficiently pleaded. Pontrelli v. MonaVie, Inc., No. 13-4649 (D.N.J., decided August 19, 2014). Attached to the complaint was a MonaVie brochure that included…

  • Putative Class Actions Accuse Whole Foods and Breyers of “All Natural” Mislabeling

    According to a putative class action removed to Arkansas federal court, Whole Foods mislabels several of its 365 Everyday Value brand products as “organic” or “all natural” despite containing synthetic ingredients. Stafford v. Whole Foods Market Cal., No. 14-420 (E.D. Ark., removed July 22, 2014). Originally filed in Arkansas state court in June, the complaint accuses…

  • Class Cert. Request Denied in Skinnygirl Margarita Suit

    A federal court in New Jersey has denied without prejudice the motion to certify three classes of multi-state claimants alleging that Beam Global Spirits & Wine falsely markets and sells its “Skinnygirl Margarita” product as “all natural” and a “healthy alternative to other commercial Margarita products.” Stewart v. Beam Global Spirits & Wine, Inc., No.…

  • Pasta Maker to Settle Product Labeling Claims for $7.9 Million

    To settle claims that it allegedly deceived consumers by advertising and labeling its Dreamfields pasta products as a low-glycemic index and low-carbohydrate alternative to traditional pasta, Dakota Growers Pasta Co. has agreed to establish a $5-million settlement fund and pay an additional $2.9 million to plaintiffs’ counsel. Mirakay v. Dakota Growers Pasta Co., No. 13-4429…

  • NJ Lawmakers Introduce Bill Addressing Calorie-Content Posting of Foods Sold in Entertainment Facilities

    New Jersey lawmakers have introduced a bill (A2990) that seeks to amend legislation requiring retail food establishments to provide calorie information for food and beverages. Proposed by Assemblywomen Nancy Pinken (D-Middlesex) and Linda Stender (D-Middlesex, Somerset and Union), the bill would require entertainment facilities to provide calorie information for food and beverage items offered for…

  • Another Court Refers “All Natural” Litigation Issue to FDA

    A federal court in New Jersey has, on the basis of the primary jurisdiction doctrine, halted proceedings alleging that General Mills misleads consumers by labeling its Kix® cereals with bioengineered corn as “made with all natural corn.” In re General Mills, Inc. Kix Cereal Litig., No. 12-249 (D.N.J., order entered November 1, 2013). Citing rulings from…