Food & Beverage Litigation & Regulatory Update

Tag: New York

  • Consumer Challenges Cocoa Content in 70% Cacao Bars

    A consumer has filed a projected class action alleging Mondelez International Inc.’s Green & Black’s chocolate packaging misleads as to the product’s cacao content. Lee v. Mondelez Int’l Inc., No. 22-1127 (S.D.N.Y., filed February 9, 2022). The labels indicate that the products are 60%, 70% or 85% cacao, but “the back labels uniformly reveal that…

  • “Fudge-Covered Oreos” Missing Real Fudge, Alleges Plaintiff

    A consumer has alleged that Mondelez Global LLC misleads consumers by marketing its Oreo Fudge Cremes as “fudge covered” because the topping covering the cookies lacks milkfat. Leonard v. Mondelez Global LLC, No. 21-10102 (S.D.N.Y., filed November 28, 2021). The complaint lists several recipes for fudge to support its argument that fudge requires the presence…

  • Court Dismisses Vanilla Claims Against Aldi

    A New York federal court has dismissed allegations that Aldi Inc. misled consumers about the contents of its vanilla almond milk product. Parham v. Aldi Inc., No. 19-8975 (S.D.N.Y., entered September 21, 2021). The complaint asserted that the almond milk contained a “comparatively high level of vanillin” and “‘a trace or de minimus’ amount of vanilla,” allegedly…

  • Report Examines Rise of Class Actions in New York

    Shook Partner Cary Silverman has authored a report exploring the rise in class actions filed in New York, which, he explains, “is largely a result of lawsuits targeting businesses that sell food and beverages.” Class Action Chaos: The Rise of Consumer Class Action Lawsuits in New York, created in partnership with the New York Civil…

  • Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food

    New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a press release, James said, ““Baby food manufacturers have a legal and moral obligation to ensure the safety of their products, and provide peace-of-mind to the parents who rely on their…

  • Plaintiff Argues Sparkling Mineral Water Lacks Lemons and Raspberries

    A plaintiff has filed a putative class action alleging that Whole Foods Market Group Inc. misleads consumers by selling sparkling mineral water in a lemon raspberry flavor without an “appreciable amount” of lemons and raspberries. Kelly v. Whole Foods Mkt. Grp. Inc., No. 21-3124 (S.D.N.Y., filed April 11, 2021). The label of the water contains images…

  • Bone Broth Products Contain Indigestible Protein, Consumers Allege

    Two consumers allege that Ancient Brands’ Ancient Nutrition Bone Broth Protein products are marketed as beneficial to health but contain protein that is “largely indigestible to the human body and provides little to no actual benefit to consumers.” Bush v. Ancient Brands LLC, No. 21-0390 (N.D.N.Y., filed April 5, 2021). The complaint asserts that Ancient Brands…

  • New York Court Dismisses Vanilla Lawsuit

    A New York federal court has dismissed a lawsuit against Oregon Chai Inc. for failure to state a claim in litigation centered on whether using the term “vanilla” on packaging is misleading to consumers. Cosgrove v. Oregon Chai Inc., No. 19-10686 (S.D.N.Y., entered February 22, 2021). “In the past two years, counsel for Plaintiffs [] has…