Food & Beverage Litigation & Regulatory Update

Tag: PHO

  • Court Dismisses Nestlé Creamer Putative Class Action

    A California federal court has dismissed a proposed class action against Nestlé USA, Inc. alleging that its Coffee-Mate creamer products are mislabeled because they include partially hydrogenated oil (PHO), which contains trans fat, despite listing “0g Trans Fat” on its labels. Backus v. Nestlé USA, Inc., No. 15-1963 (N.D. Cal., order entered March 8, 2016).…

  • Labeling Claims Dismissed in Taco Shell Trans Fat Suit

    A California federal court has dismissed portions of a lawsuit alleging that B&G Foods mislabeled its taco shells as containing “0g Trans Fat” despite the product’s use of partially hydrogenated oil as an ingredient. Walker v. B&G Foods, No. 15-3772 (N.D. Cal., order entered February 8, 2016). Five of the plaintiff’s seven claims involved alleged…

  • Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

    A consumer has filed a putative class action against Kellogg Co. alleging the company produces Mother’s Cookies® with partially hydrogenated oil (PHO), which contains trans fat, in violation of the U.S. Food and Drug Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts…

  • California Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

    A consumer has filed a putative class action against Kellogg Co. alleging the company produces Mother’s Cookies® with partially hydrogenated oil (PHO), which contains trans fat, in violation of the U.S. Food and Drug Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts…

  • Plaintiff in Multiple Trans Fat Lawsuits Cannot Claim Lack of Subject Knowledge, Court Finds

    A California federal court has granted a motion to dismiss claims that La Tapatia Tortilleria mislabels its food as containing no trans fats despite containing partially hydrogenated oil (PHO) based on the finding that the plaintiff cannot claim he relied on the product packaging because he is the plaintiff in several similar lawsuits, showing he…

  • General Mills Trans Fat Case Stayed for FDA Guidance

    A California federal court has granted a stay awaiting guidance from the U.S. Food and Drug Administration (FDA) in a putative class action alleging that General Mills uses partially hydrogenated vegetable oils, which contain trans fat, in its baking mixes. Backus v. Gen. Mills, Inc., No. 15-1964 (N.D. Cal., order entered August 18, 2015). After…

  • Previous Trans Fat Litigation Proves Plaintiff’s Knowledge, Court Finds

    After dismissing a portion of the claims in July 2015, a California federal court has dismissed the remaining claims in a lawsuit against Nissin Foods Co. Inc. alleging that the use of partially hydrogenated oil (PHO) violates California law. Guttmann v. Nissin Foods (U.S.A.) Co., Inc., No. 15-0567 (N.D. Cal., order entered August 14, 2015). The…

  • GMA Petitions FDA for Specific Uses of Trans Fat

    The Grocery Manufacturers Association (GMA) has petitioned the U.S. Food and Drug Administration (FDA) “to approve specific low-level uses of partially hydrogenated oil (PHOs) in food products.” According to an August 5, 2015, press release, the petition seeks approval to use PHOs for color, flavor and texture when “important for the production of safe food…