Food & Beverage Litigation & Regulatory Update

Tag: snack

  • No MDL for Quaker Oats Trans Fat Lawsuits

    The Judicial Panel on Multidistrict Litigation (JPML) has denied a request that five false advertising lawsuits pending in two federal district courts against The Quaker Oats Co. be consolidated for pretrial proceedings in Illinois. In re: Quaker Oats Trans-Fat Mktg. & Sales Practices Litig., MDL No. 2230 (J.P.M.L., decided April 8, 2011). The putative class actions…

  • Massachusetts Health Regulators Move to Limit Junk Food in Public Schools

    Massachusetts public health regulators have reportedly approved proposed rules that would prohibit public schools from selling sweetened soft drinks, salty and calorie-laden packaged snacks, and white bread sandwiches as a way to combat childhood obesity. Effective in the 2012-13 school year, the proposed regulations need the approval of the state’s Public Health Council, which is…

  • Claims Narrowed in Chewy Bars® Trans Fat Class Action

    A federal court in California has dismissed on preemption and standing grounds a number of state-law claims against The Quaker Oats Co. in a lawsuit alleging that the company falsely advertises its Chewy Bars® as containing “0 grams trans fat” when the ingredient list labeling includes hydrogenated vegetable oil. Chacanaca v. The Quaker Oats Co.,…

  • Supply Chain Litigation Follows Soy Grit Salmonella Contamination and Recall

    A company that makes name- and store-brand food products, including cereals, granola products, pastas, and bakery goods, has sued the supplier of soybean food ingredients allegedly contaminated with Salmonella, seeking in excess of $7 million in damages. Ralcorp Holdings, Inc. v. Thumb Oilseed Producers’ Coop., No. 10-1898 (E.D. Mo., filed October 8, 2010). According to…

  • Consumer Fraud Claims Against Manufacturers of Foods with Fiber Dismissed as Preempted

    A federal court in Illinois has dismissed claims that companies failing to disclose that the fiber in their snack-bar and yogurt products is “non-natural” chicory root-based inulin, which allegedly lacks the same health benefits as “natural” fiber, have violated state consumer fraud laws. Turek v. General Mills, Inc., No. 09-7038 (N.D. Ill., decided September 1,…

  • EU Snack Industry to Standardize Portion Sizes

    The European Snacks Association (ESA) has apparently vowed to standardize product portion sizes, citing dietary recommendations and consumption patterns. In conjunction with an EU trade group representing food and beverage manufacturers, ESA has set a reference serving size that does not exceed 8 percent of the overall Guideline Daily Amount (GDA), or approximately 160 kcal.…

  • Chocolate Drink Makers Sued for Alleged Misleading Marketing Claims

    The attorneys for a woman who recently reportedly sued General Mills for failing to properly disclose that its fruit snack products contain partially hydrogenated oil also represent a man who has filed similar claims against the companies that make and sell Yoo-Hoo®, a chocolate beverage. Dahl v. Mott’s LLP, No. __ (E.D.N.Y., filed June 29,…

  • Consumer Fraud Action Filed Against Snack Maker over Salmonella Outbreak

    A California resident has filed a putative class action in federal court against Kellogg Co., alleging that the company misled consumers by claiming its snack products were healthy and nutritious and met “stringent food safety requirements,” when in fact they contained Salmonella-contaminated peanut paste supplied by the Peanut Corporation of America. Benavides v. Kellogg Co., No.…