Food & Beverage Litigation & Regulatory Update

Tag: snack

  • Two Suits Claim Deceptive Labeling and Advertising of Salt-and-Vinegar Chips

    A California couple has filed two putative class actions alleging that the makers of Lay’s® and Pringles® salt-and-vinegar flavored chips mislabel and deceptively advertise their products, leading customers to believe the chips are naturally flavored when they actually contain artificial chemical flavorings. Allred v. Kellogg, No.17-1354 (S.D. Cal., removed to federal court July 5, 2017); Allred…

  • Moose Munch Slack-­Fill Putative Class Action Dismissed

    A proposed slack-­fill class action against Harry & David LLC was dismissed after the parties voluntarily dismissed the action. Brown v. Harry & David LLC, No. 17-­0999 (S.D.N.Y., stipulation filed May 22, 2017). The stipulation did not explain the reason for dismissal but stipulated that it was dismissed “with prejudice against the Defendant.” The plaintiff…

  • 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…

  • Plaintiffs Claim Wise Foods Underfilled Potato Chip Bags

    Wise Foods, Inc. is facing a projected class action claiming the company’s potato chip bags have more than double the amount of slack fill as its major competitors’ bags. Alce v. Wise Foods, Inc., No. 17­-2402 (S.D.N.Y., filed April 3, 2017). The plaintiffs claim that bags of 21 varieties of Wise’s Potato Chips, Kettle Cooked…

  • Plaintiff in Herr Foods Litigation Seeks Disqualification for Defense Attorney

    The plaintiff in a purported class action asserting that Herr Foods Inc. mislabels its packaged snacks as “natural” has filed a motion to disqualify defense counsel, alleging the attorney repeatedly made “extortionate threats” and committed professional misconduct. Whitaker v. Herr Foods, Inc., No. 16-2017 (E.D. Penn., motion filed December 14, 2016). The plaintiff’s motion follows…

  • Rudd Center Claims “Smart Snack” Packaging Confuses Students

    The University of Connecticut’s Rudd Center for Food Policy and Obesity has published a study on student and parent perceptions of competitive foods and beverages sold in schools under the U.S. Department of Agriculture’s Smart Snack nutrition standards. Jennifer Harris, et al., “Effects of Offering Look-Alike Products as Smart Snacks in Schools,” Childhood Obesity, September…

  • Ad Board Recommends Kellogg Adjust Fruit Snacks Packaging

    The Children’s Advertising Review Unit (CARU) has advised Kellogg Co. to revise the packaging for Fruit Flavored Snacks, recommending against statements that the product is “made with real fruit.” The front of the package featured cartoon characters and the statement “made with real fruit” superimposed on the image of an apple. The side panel clarified…

  • 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…