Food & Beverage Litigation & Regulatory Update

Tag: New York

  • Chobani’s Chlorine Claims Against Dannon Remain Restrained

    A New York federal court has rejected Chobani, LLC’s motion for reconsideration of a preliminary injunction preventing the company from claiming in its advertising that competitor Dannon Co.’s yogurt products contain chlorine and are thereby unhealthy, unsafe and inferior to Chobani yogurt. Chobani, LLC v. Dannon Co., Inc., No. 16-0030 (N.D.N.Y., order entered April 22,…

  • Presence of Citric Acid at Heart of Putative Class Action Challenging Vivaloe’s “Natural” and Preservative-Free Claims

    A consumer has filed a putative class action alleging Outernational Brands, Inc. mislabels its Vivaloe aloe-vera beverages as “All Natural” and preservative-free even though the products contain citric acid. Chen v. Outernational Brands, Inc., No. 16-1634 (E.D.N.Y., filed April 4, 2016). “The term ‘All Natural’ only applies to those products that contain no non-natural or…

  • Appeals Court Affirms Dismissal of Libel Claim Against TV Station for D’Lites Report

    A New York state appellate court has affirmed a lower court’s ruling dismissing a lawsuit against a local Fox TV station that investigated and reported on the allegedly false health claims of D’Lites ice cream in two stores. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. App. Div., 1st Dept., order entered March 8,…

  • New York Federal Court Dismisses Proposed Class Action Against Whole Foods

    A New York federal court has dismissed a putative class action alleging Whole Foods Market Group overcharged its customers for some prepackaged foods, finding that the plaintiffs failed to specify any particular transactions in which the grocer overcharged them. In re Whole Foods Mkt. Grp., Inc. Overcharging Litig., No. 15-5838 (S.D.N.Y., order entered March 1,…

  • NYC Salt Labeling Regulation Stayed

    The day before the rule was set to take effect on March 1, 2016, a New York state appeals court reportedly granted an emergency stay on enforcement of a municipal regulation requiring chain restaurants to feature salt-warning icons on menus next to items containing 2,300 milligrams or more of sodium. A justice in the Appellate…

  • Parties in Stevia in the Raw® “All Natural” Lawsuit Reach Settlement Agreement

    Cumberland Packing Corp. and a group of consumers have reached a settlement agreement in a lawsuit alleging that Cumberland Packing Corp. misrepresents its Stevia in the Raw® sweetener products as all natural despite containing genetically modified organisms. Frohberg v. Cumberland Packing Corp., No. 14-0748 (E.D.N.Y., motion filed February 22, 2016). Under the agreement, Cumberland will…

  • Court Rejects Injunction in NYC Salt Warning Case

    A New York state court has reportedly refused to grant the National Restaurant Association’s request for a preliminary injunction to stall the enforcement of New York City’s new requirement that chain restaurants label menu items containing 2,300 mg of salt or more, which is set to take effect March 1, 2016. Nat’l Restaurant Assoc. v.…

  • Vodka Sauce Allegedly Mislabeled as “All Natural”

    A New York consumer has filed a putative class action against Victoria Fine Foods alleging the company falsely advertises its vodka sauce as “all natural” and free of preservatives despite containing citric acid. Shmidt v. Victoria Fine Foods, No. 16-0230 (E.D.N.Y., filed January 15, 2016). The complaint asserts that Victoria “sought to capitalize on consumers’…