Tag: New York
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Plaintiff Alleges Whole Foods Chocolate Is Mislabeled
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. mislabels its chocolate-coated ice cream bars because the “purported chocolate contains vegetable oils.” Mitchell v. Whole Foods Mkt. Grp. Inc., No. 20-8496 (S.D.N.Y., filed October 12, 2020). “Consumers want chocolate in chocolate products to come from a real source, i.e., from…
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Plaintiff Challenges Oil Content in “All Butter Pound Cake”
A plaintiff has alleged that he was misled by the packaging on Sara Lee Frozen Bakery’s All Butter Pound Cake because he believed butter to be the only shortening ingredient when the cake actually contained soybean oil as well. Briley v. Sara Lee Frozen Bakery LLC, No. 20-7276 (S.D.N.Y., filed September 4, 2020). The complaint asserts,…
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Strawberry Pop-Tarts Contain Pears and Apples, Consumer Alleges
A consumer has filed a putative class action alleging that Kellogg Sales Co. misleads consumers by marketing its Frosted Strawberry Pop-Tarts as containing only strawberries in its filling to the exclusion of any other fruit content. Brown v. Kellogg Sales Co., No. 20-7283 (S.D.N.Y., filed September 5, 2020). “Consumers do not expect a food labeled…
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Trader Joe’s 12 Grain Crackers Contain Less Grain Than Expected, Plaintiff Argues
A plaintiff has filed a lawsuit asserting that Trader Joe’s misleads consumers by using “enriched flour” as the predominant ingredient in its 12 Grain Mini Snack Crackers. Rosenfeld v. Trader Joe’s Co., No. 20-3717 (E.D.N.Y., filed August 14, 2020). “The representations are misleading because the Product contains (1) a de minimis amount of the 12 grain…
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Consumer Challenges Smoked Gouda Preparation
A consumer has filed a putative class action alleging that Dietz & Watson’s smoked gouda is not prepared by smoking but rather by the addition of a smoke flavor. Watson v. Dietz & Watson Inc., No. 20-6550 (S.D.N.Y., filed August 17, 2020). “No reasonable consumer would be instinctively distrustful or skeptical of a product labeled ‘Smoked…
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“All Natural” Arizona Gummies Lawsuit to Continue
A New York federal court has trimmed claims in a lawsuit alleging that Arizona Beverages Co. and its parent company Hornell Brewing Co. Inc. misled consumers by labeling Arizona Fruit Snacks as “all natural” despite containing synthetic ingredients, including ascorbic acid, glucose syrup, citric acid, gelatin and dextrose. Silva v. Hornell Brewing Co. Inc., No.…
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Court Dismisses Mondelez Alkalized Cocoa Lawsuit
A New York federal court has dismissed a putative class action alleging that Mondelez misled consumers by labeling Oreos as “always made with real cocoa” despite containing cocoa refined through an alkalizing process. Harris v. Mondelez Global LLC, No. 19-2249 (E.D.N.Y., entered July 28, 2020). The plaintiffs argued that the “representation ‘real cocoa’ is false,…
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New York Legislature Passes Bill to Ban PFAS in Food Packaging
The New York legislature has passed SB 8817, which would prohibit “the distribution, sale, and offer for sale in New York” any food packaging that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) as “intentionally added chemicals.” “Food packaging is a key place to look for PFAS chemicals, as they often include non-stick components to repel grease.…