Tag: New York
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Kind “All Natural” Litigation Stay Lifted
Consolidated litigation to determine whether Kind LLC misleads consumers by marketing its products as “all natural” and made without genetically modified organisms (GMOs) will continue after a two-year delay. In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered February 11, 2019). The court previously stayed the litigation in anticipation of U.S.…
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Russell Stover, Ghirardelli Underfill Chocolate Boxes, Consumer Alleges
Following a settlement with California district attorneys making similar allegations, Russell Stover and Ghirardelli Chocolates have been targeted in a New York putative class action alleging the companies’ chocolate packages are “predominantly empty” “through the large void spaces which comprise most of the packaging interior around the actual few items contained therein.” Faison v. Russell…
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New York Legislator Proposes Ban on Foie Gras
A councilwoman has reportedly proposed to criminalize the sale of foie gras in New York City, citing the U.S. Supreme Court’s refusal to examine California’s force-fed foie gras ban. The bill would make the sale of foie gras a misdemeanor and allow the imposition of a one-year prison sentence and fines up to $1,000 for…
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“All Natural” LaCroix Flavors Are “98% Synthetic,” Putative Class Action Alleges
Two consumers have alleged that National Beverage Corporation misleads buyers of LaCroix sparkling water because it advertises the products as “all natural” and “100% natural” while they contain flavors composed of “between 36% and 98% synthetic ingredients.” Graham v. Nat’l Beverage Corp., No. 19-0873 (S.D.N.Y., filed January 29, 2019). The complaint cites the Center for…
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Graham Crackers with White Flour Mislead Consumers, Lawsuit Alleges
A consumer has filed a putative class action alleging Mondelez Global LLC misleads consumers by making its Honey Maid graham crackers primarily with white flour rather than graham flour. Kennedy v. Mondelez Global LLC, No. 19-0302 (E.D.N.Y., filed January 15, 2019). The complaint alleges that Honey Maid products are marketed as “graham crackers” while the…
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Lawsuit Challenges Nutritional Benefits of Sprouted Grains
A plaintiff has alleged that Food for Life Baking Co. Inc. misled consumers by advertising its cereal product, Ezekiel 4:9, as nutritionally superior to comparable cereal products because it is made with sprouted grains. Elliott v. Food for Life Baking Co. Inc., No. 19-0249 (E.D.N.Y., filed January 13, 2019). The complaint asserts that Ezekiel 4:9’s…
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“Nuts ‘N More” Spread Lacks White Chocolate, Plaintiff Alleges
A consumer has alleged that Nuts ‘N More LLC’s White Chocolate Peanut Spread does not contain the amount of milkfat required to meet the U.S. Food and Drug Administration (FDA) definition of “white chocolate.” Morrison v. Nuts ‘N More LLC, No. 18-11192 (S.D.N.Y., filed November 30, 2018). According to the complaint, FDA requires white chocolate…
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Citric Acid Invalidates Soda’s “Preservative-Free” Claim, Lawsuit Alleges
A consumer has filed a putative class action alleging that Reed’s Inc. misleads consumers by labeling its Virgil’s Sodas as made with “natural ingredients” and “no preservatives” despite containing citric acid. Mason v. Reed’s Inc., No. 18-10826 (S.D.N.Y., filed November 19, 2018). The complaint asserts that citric acid “is a synthetic compound” “usually produced from…