Food & Beverage Litigation & Regulatory Update

Tag: preservative

  • Scarpetta Sauces Mislabeled as “No Preservatives,” Lawsuit Alleges

    A consumer has filed a putative class action alleging PVK Inc. mislabels Scarpetta pasta sauces as containing “No Preservatives” despite including citric acid on the ingredient list. Jocelyn v. PVK Inc., No. 18-427 (E.D.N.Y., filed January 22, 2018). The plaintiff alleges that she relied on the representation on the container and would not have purchased…

  • Court Dismisses “No Preservatives Added” Claims Against Herr Foods

    A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 16­5037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update. Herr…

  • Newman’s Own Faces Putative Class Action Litigation over Natural Claims

    A consumer has filed a projected class action alleging Newman’s Own, Inc. misleadingly markets its pasta sauce products as natural despite containing citric acid. Wong v. Newman’s Own, Inc., No. 16-6690 (E.D.N.Y., filed November 30, 2016). The complaint asserts the company “deceptively used the term ‘natural’ to describe a product containing ingredients that have been…

  • Putative Class Action Targets Hormel’s “100% Natural,” “No Preservatives” Meat

    A consumer has filed a proposed class action against Hormel Foods Corp. alleging the company misrepresents its meat products as natural and free of preservatives despite containing synthetic or genetically modified ingredients, including cultured celery powder, baking powder and maltodextrin. Phelps v. Hormel Foods Corp., No. 16-62411 (S.D. Fla., Ft. Lauderdale Div., filed October 11,…

  • Izze Drinks Mislead with Preservative-Free and Dietary Guidelines Claims, Consumer Alleges

    A consumer has filed a purported class action against PepsiCo and subsidiary Izze Beverage Co. alleging Izze carbonated juice drinks are misleadingly marketed as containing “no preservatives” despite the presence of citric or ascorbic acid. Lindberg v. PepsiCo Inc., No. 16-6569 (S.D.N.Y., filed August 19, 2016). The complaint also challenges Izze’s claim that each bottle…

  • Drew’s “All Natural” Dressings Contain Synthetic Ingredients, Putative Class Alleges

    A consumer has filed a projected class action against Drew’s LLC, maker of Drew’s salad dressings and marinades, alleging the company misrepresents its products as “all natural” because they contain xanthan gum, disodium phosphate, lactic acid and citric acid. Haack v. Drew’s LLC, No. 16-6022 (S.D.N.Y., filed July 28, 2016). The complaint cites draft guidance…

  • ALDF Files Lawsuit Against Hormel over “Natural” Claims

    The Animal Legal Defense Fund (ALDF) has reportedly filed a lawsuit against Hormel Foods challenging the company’s Natural Choice® brand of lunch meats and bacon, which it advertises as “100% Natural” and “All-Natural.” In a June 30, 2016, press release, an ALDF attorney argued that the Natural Choice® meats “come from the same pigs and…

  • Snack Food Maker Target of Proposed Class Action Involving Preservatives-Free Claim

    A consumer has filed a putative class action against Herr Foods Inc., maker of potato chips, popcorn and cheese curls products, alleging the company mislabels its foods as preservative-free despite containing citric acid. Hu v. Herr Foods Inc., No. 16-3313 (E.D.N.Y., filed June 20, 2016). The complaint alleges Herr seeks “to capitalize on consumers’ preference…