Food & Beverage Litigation & Regulatory Update

Tag: snack

  • Preliminary Approval Given to Quaker Oats “Trans Fat” Settlement

    A federal court in California has preliminarily approved the settlement of class claims that Quaker Oats violated consumer protection laws by labeling its snack bars and instant cereal products as “wholesome” with “0g Trans Fat” when they actually contain “unhealthy” ingredients, such as partially hydrogenated vegetable oils (PHOs). In re Quaker Oats Labeling Litig., No.…

  • Nutrition Bar Class Cannot Be Ascertained, Court Refuses to Certify It

    A federal court in California has denied the plaintiff’s request to certify a class of those who purchased ZonePerfect Nutrition bars relying on allegedly deceptive labels representing the products as “All Natural.” Sethavanish v. ZonePerfect Nutrition Co., No. 12-2907 (N.D. Cal., order entered February 13, 2014). The court found that the plaintiff set forth sufficient…

  • Navajo Nation Council Approves “Junk” Food Tax

    According to news sources, the Navajo Nation Council has approved legislation that would impose a 2-percent increase in sales taxes on so-called junk food, which, if approved by Navajo Nation President Ben Shelly, would make it the first Native American-governed territory to do so. The council also passed legislation eliminating a 5 percent sales tax…

  • Court Further Trims “Healthy” and “Wholesome” Claims for Snacks

    A federal court in California has dismissed a number of claims with prejudice in the second amended complaint filed on behalf of a putative class alleging that the promotion of various snack products made by Procter & Gamble Co. and Kellogg Co. is false and misleading. Samet v. Procter & Gamble Co., No. 12-1891 (N.D.…

  • Court Narrows Labeling Claims Against Frito-Lay

    A federal court in California has significantly narrowed the consumer-fraud claims that may be asserted against Frito-Lay involving a number of its snack products labeled as “All Natural,” “0 Grams Trans Fat” and “No MSG.” Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., order entered October 24, 2013). All claims dismissed were with prejudice.…

  • Prop. 65 Suit Alleging Failure to Warn About Lead in Snack Bars Will Not Be Stayed

    A California state court has denied the defendant’s request that it stay a case alleging that the company failed to warn consumers of the presence of lead in its snack bars in contravention of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Envtl. Research Ctr., Inc. v. Clif Bar & Co.,…

  • Court Says Puréed Fruit Is “Real Fruit,” Dismisses Consumer Fraud Claims

    Calling it “ridiculous to say that consumers would expect snack food ‘made with real fruit’ to contain only ‘actual strawberries or raspberries,’ rather than these fruits in a form amenable to being squeezed inside a Newton,” a federal court in California has dismissed without leave to amend consumer fraud claims against the company that makes…

  • Organic Evaporated Cane Juice Labels Targeted in Lawsuit

    California residents have filed a putative nationwide class action against Late July Snacks LLC, alleging that the company’s snack products are misbranded because they include “organic evaporated cane juice” on their ingredient lists in violation of the state’s Sherman law, which incorporates the federal Food, Drug, and Cosmetic Act. Swearingen v. Late July Snacks LLC, No. 13-4324 (N.D. Cal.,…