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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CLASS ACTION

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“Made with Real Milk” (Fat?) Lawsuit Dismissed

Posted on March 21, 2023
  • Yesterday a district court dismissed (Law360 subscription required) a class-action lawsuit which alleged that Ferrara Candy Company misled consumers into believing that their Brach Milk Maid caramels were made with
… Continue Reading “Made with Real Milk” (Fat?) Lawsuit Dismissed

Is “French Dessert” Necessarily Made in France?

Posted on March 20, 2023

US Co. Falsely Marketing ‘French’ Dessert, Class Action Says (Law360 Subscription Required)

  • We have reported on the mixed outcomes in proliferating class action lawsuits that challenge allegedly misleading geographical connotations
… Continue Reading Is “French Dessert” Necessarily Made in France?

Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)

Posted on March 15, 2023
  • On March 10, Hershey Company filed a motion to dismiss a consumer class action suit which claimed that its chocolate contained toxic substances. Hershey maintains that it “never promised, in
… Continue Reading Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)

Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)

Posted on March 8, 2023
  • On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein
… Continue Reading Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)

Lawsuit Alleges PFAS in Pomegranate Juice

Posted on February 21, 2023
  • A class-action lawsuit was filed last week against the manufacturer of a pomegranate juice (and its parent company) for falsely advertising the product (POM) as “all natural” and healthful where
… Continue Reading Lawsuit Alleges PFAS in Pomegranate Juice

Gerber Seeks Dismissal of Putative Class Action Over Allegedly Misleading Protein Content Claims on Baby Food Containing Added Sugar

Posted on February 13, 2023

Gerber Judge Calls Baby Food False Ad Claim ‘Pretty Weird’  (Law360 Subscription Required)

  • A motion to dismiss hearing was held on February 9, 2023 over a proposed class action
… Continue Reading Gerber Seeks Dismissal of Putative Class Action Over Allegedly Misleading Protein Content Claims on Baby Food Containing Added Sugar

Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Posted on January 25, 2023
  • On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
… Continue Reading Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Court Rules that “Brown Bread” is Not Misleading

Posted on January 17, 2023
  • Last year we reported on a class-action lawsuit which alleged that a product described as “brown bread,” and which contained oat and rye flakes on the crust and a “no
… Continue Reading Court Rules that “Brown Bread” is Not Misleading

Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Posted on January 4, 2023
  • In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand’s Market Pantry “fruit punch” flavored concentrated liquid
… Continue Reading Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

Posted on December 9, 2022

Pepsi Falsely Touts ‘No Preservatives’ In Izze Drinks, Suit Says (Subscription to Law360 required)

  • On December 1, PepsiCo and the equity firm behind Tropicana, PAI Partners, Inc., were named defendants

…
Continue Reading Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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