Tag: nutrient content
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Court Dismisses Labeling Claims Against Baby Food Maker
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product…
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Consumer Alleges Ovaltine Packaging Claims Are Misleading
A New York woman has brought a putative class action against Nestlé USA Inc. alleging the company makes misleading claims about the nutrition content of its Ovaltine flavored drink mix products. McMenamy v. Nestlé USA Inc., No. 22-1053 (N.D.N.Y., filed October 11, 2022). The plaintiff took issue with labeling including “A Good Source of 12…
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ASA bars Gordon Ramsay Gin Ad for Nutritional Claims
The U.K. Advertising Standards Authority (ASA) has barred Eden Mill Distillery from using a social media ad for Ramsay’s Gin featuring cofounder and celebrity chef Gordon Ramsay that the organization found to have made non-permitted nutrition claims about alcoholic drinks. ASA received and investigated a complaint about a March 20 ad posted to Ramsay’s Gin’s…
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Putative Class Action Alleges Gerber Made Improper Nutrient Claims
A California woman has filed a proposed class action claiming that Gerber Products Co. made improper nutrient claims on its labeling of baby and toddler food products. Howard v. Gerber Products Company, No. 22-4779 (N.D. Cal., filed August 19, 2022). The plaintiff alleges that Gerber makes nutrient content claims on product packaging that are prohibited…
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EU Court Rules Organic Food Cannot Contain Added Red Algae to Boost Calcium Content
The European Court of Justice has ruled that alga Lithothamnium calcareum cannot be used in the production of food labeled as organic for the purposes of adding calcium. Natumi GmbH v. Land Nordrhein-Westfalen, No. C‑815/19 (E.C.J., entered April 29, 2021). Natumi GmbH manufactured a drink labeled as organic that is marketed as calcium-rich because of its…
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Pancake Mixes Overcount Protein, Plaintiffs Allege
According to a putative class action complaint, Kodiak Cakes LLC and Baker Mills Inc. deliberately mislead consumers by labeling Kodiak Cakes pancake and waffle mixes as containing 14 grams of protein despite allegedly containing only 11.5 grams. Hinkley v. Baker Mills Inc., No. 21-221 (D. Utah, filed April 13, 2021). “Consumers are increasingly health conscious…
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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…
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Coconut Milk “Healthy” Suit Dismissed
A California federal court has dismissed a putative class action complaint alleging that Danone U.S. Inc.’s So Delicious Coconut Milk is misleadingly marketed as healthful. Andrade-Heymsfield v. Danone U.S. Inc., No. 19-0589 (S.D. Cal., entered August 14, 2019). Danone argued that the challenged statements were not health or nutrient content claims, and the court assessed…