Food & Beverage Litigation & Regulatory Update

Tag: New York

  • Plaintiff Challenges “ColdPressed” Label Claim

    A consumer has filed a putative class action alleging the Hain Celestial Group’s “ColdPressed” juice products are mislabeled because a third-party company, which manufactures some of the product, heats the juice during high-pressure processing, causing a “compositional change.” Davis v. Hain Celestial Grp., No. 17- 5191 (E.D.N.Y., filed September 3, 2017). The complaint challenges two…

  • “Organic” Agave Nectar Contains High Fructose Corn Syrup, Proposed Class Action Alleges

    A consumer has filed a putative class action alleging that American Sugar Refining mislabeled its agave syrup as “organic” because it contains isomaltose, an ingredient “not naturally found in pure agave syrup.” Valdes v. Am. Sugar Refining, No. 17-5213 (E.D.N.Y., filed September 5, 2017). The complaint asserts that while the only ingredient listed on the…

  • NYC Delays Enforcement of Menu-Labeling Law

    Following a delay of federal rules requiring restaurants, retailers and other foodservice establishments to post calorie counts, New York City has agreed to postpone enforcement of its comparable municipal codes until May 7, 2018, matching the implementation date of the federal rules. Nat’l Assoc. of Convenience Stores v. New York City Dep’t of Hygiene, No.…

  • ADA May Cover Restaurant Websites, Court Holds

    A New York federal court has denied Five Guys Enterprises’ motion to dismiss a lawsuit alleging a blind woman’s inability to access the restaurant chain’s website violates the Americans with Disabilities Act (ADA), ruling “the text and purposes of the ADA, as well as the breadth of federal appellate decisions, suggest that defendant’s website is…

  • Consumer Challenges Watermelon Beverage Ingredients, Production Process

    World Waters, maker of WTRMLN WTR, faces a proposed class action alleging its product labeling misleads consumers into believing that the products contain mostly watermelon juice and that the beverages are “cold-pressed” rather than heat-pasteurized. Pizzirusso v. World Waters, No. 17-4071 (E.D.N.Y., filed July 8, 2017). The plaintiff first asserts that World Water “overstates” the…

  • NYC Groups Challenge Enforcement of City Menu-Labeling Law

    A group of convenience-store and restaurant trade groups have filed a lawsuit to stop New York City from enforcing a municipal regulation requiring calorie and nutrition information to be posted in their establishments. Nat’l Assoc. of Convenience Stores v. New York City Dep’t of Hygiene, No. 17-5324 (S.D.N.Y., filed July 14, 2017). In 2010, the…

  • Dunkin’s Steak Sandwiches Are Not Steak, Plaintiff Alleges

    A New York plaintiff has filed a proposed class action against Dunkin’ Brands alleging the chain’s “Angus Steak” breakfast sandwiches contain beef patties rather than Angus steak. Chen v. Dunkin’ Brands, No. 17-3808 (E.D.N.Y., filed June 25, 2017). The complaint alleges that the restaurant’s “Angus Steak and Egg Sandwich” and “Angus Steak and Egg Snack…

  • Lawsuit Challenges Veggie Straws’ Nutritional Value

    The makers of Sensible Portions Garden Veggie Straws face a proposed class action alleging the company misrepresented the vegetable content and nutritional value of the product. Solak v. Hain Celestial Grp., No. 17-0704 (N.D.N.Y., filed June 29, 2017). The plaintiffs assert that Garden Veggie Straws are marketed as containing “garden grown potatoes [and] ripe vegetables”…