Tag: packaging
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Consumer Suit Targets Artificial Flavoring in Jalapeño Poppers
An Illinois consumer has brought a proposed class action against Herr Foods Inc., alleging the packaging of its jalapeño-poppers-flavored cheese curls misleads consumers as to the source of the product’s flavoring. Forlenza v. Herr Foods Inc., No. 22-5278 (N.D. Ill., filed September 27, 2022) The plaintiff asserted in the complaint that consumers have a hierarchy…
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Fraud Claims to Continue in Kashi Strawberry Bars Ingredient Suit
An Illinois federal court has granted a partial motion to dismiss a putative class action alleging that Kashi Sales L.L.C. misled consumers by making the flavoring of “Ripe Strawberry” cereal bars with pear juice concentrate and apple powder. Johnston v. Kashi Sales L.L.C., No. 21-0441 (S.D. Ill., entered September 8, 2022). The plaintiff alleged that…
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New Suit Alleges Kellogg’s ‘Harvest Wheat’ Crackers Misled Consumers
An Illinois consumer has filed a putative class action against Kellogg Sales Co., alleging it misrepresented the amount of whole grains its Harvest Wheat Toasteds crackers contain. Moore v. Kellogg Sales Co., No. 22-03172 (C.D. Ill., filed September 5, 2022). The plaintiff asserts in the complaint that consumers want to consume more whole grains, but…
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“Italy’s #1 Brand of Pasta” Misleads Consumers, Plaintiffs Allege
Two consumers have filed a putative class action alleging that Barilla America Inc. markets its pasta to incorrectly imply that the products are made in Italy. Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., filed June 11, 2022). The complaint asserts that consumers seek “authentic Italian-made pastas” because they “hold a certain prestige and [are]…
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Lawsuit Challenges Cream Content of Coffee Creamer
A consumer has filed a putative class action alleging Danone North America Public Benefit Corp. misleads consumers about the nature of its International Delight coffee creamers by labeling the products as creamers rather than non-dairy creamers. English v. Danone N. Am. Pub. Benefit Corp., No. 22-5105 (S.D.N.Y., filed June 17, 2022). The plaintiff argues that International…
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Plaintiff Argues Whole Foods’ Alleged Slack Fill Contradicts Eco-Friendly Image
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. sells a boxed rice pilaf in packaging that misleads consumers by being larger than the ingredients inside require. Jacobs v. Whole Foods Mkt. Grp., No. 22-0002 (N.D. Ill., E. Div., filed January 1, 2022). The complaint details Whole Foods’ stated commitment to…
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Candy Company Misrepresents Number of Servings, Plaintiffs Allege
Kilwins Quality Confections Inc. sold chocolate and other candy products in containers that “materially overstate the volume of the contents,” according to a plaintiff. Rand v. Kilwins Quality Confections Inc., No. 21-1513 (N.D. Ill., E. Div., filed March 18, 2021). The consumer argues that the company’s shredded-chocolate containers “materially overstate the actual volume of, and…
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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…