• A federal district court in New York is allowing state consumer protection claims to proceed against Arizona Beverage Co. (“Arizona”) for its “all natural” gummies.  As previously reported on this blog, the labeling is alleged to be misleading because the gummies contain ingredients such as ascorbic acid, dextrose, glucose syrup, and modified food starch.
  • This week, the judge in the Arizona case dismissed Wisconsin and Ohio state law claims but allowed the remaining 38 state consumer protection law claims to proceed.  The court also declined to stay the suit pending FDA’s consideration of whether to define the term “natural” in its regulations.
  • “Natural” claims remain a top target of class action litigation, though the court outcomes are not often favorable to plaintiffs.  Despite the outcomes of these cases, the class action challenges continue.