Cheese Buyers Ask 7th Circ. to Revive Label Suit (Law360 subscription required)
- FDA’s grated cheese regulation allows for the use of cellulose as an anticaking agent in cheese at the
CLASS ACTION
Federal Judge Dismisses Putative Class Action Complaint on Chocolate-less White Chips (subscription to Law360 required)
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- On April 8, 2020, a California federal judge dismissed a putative class action complaint challenging Ghirardelli Chocolate Co.’s labels on its cocoa-free white baking chips. Cheslow, et al. v. Ghirardelli
U.S. District Judge Dismisses Sugar Claim Against Kombucha Drink Maker But Allows Alcohol Content Claim to Proceed (Law360 Subscription Required)
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- On April 3, 2020, U.S. District Judge James Donato dismissed the sugar-related claims in the putative consumer class action lawsuit against O Organics LLC (“O Organics”), a kombucha drink maker
Federal Judge Finds Claims Too Speculative and Dismisses “Natural” Peanut Butter Class Action (subscription to Law360 required)
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- On March 31, an Ohio federal judge dismissed a proposed class action lawsuit which alleged that J.M. Smucker Co. misleadingly labeled peanut butter as “natural” even though it may have
False Advertisement and Unjust Enrichment Claims Against Kombucha Brewer Dismissed for Lack of Notice and Lack of Conferred Benefit
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- In Amos v. Brew Dr. Kombucha, LLC, Case No. 3:19-cv-01663-JR, an Oregon magistrate judge recommended the dismissal of a class action lawsuit which alleged that Defendant Brew Dr. Kombucha,
Proposed Class Action Urges Court Not to Dismiss Suit Against Florida CBD Manufacturer (subscription to Law360 required)
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- A proposed class of consumers is urging a Massachusetts federal judge not to dismiss its suit against a Florida CBD supplement manufacturer over the potency of its products. By way
California Federal Judge Certifies Class in “Pure” Honey Labeling Suit (Law360 subscription required)
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- On February 24, a California federal court certified a statewide class of consumers who may have been misled by the “pure” and “100% pure” claims on honey labels produced by
Proposed Class Action Lawsuit Claims Arizona Beverage’s Gummies are Not “All Natural” Because They Contain Synthetic Ingredients (Law360 Subscription Required)
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- On February 11, 2020, Christopher Silva, a New York resident, filed a proposed class action lawsuit against Hornell Brewing Co. Inc., Arizona Beverages USA LLC, Beverage Marketing USA, Inc., and
Nestle Asks California District Court to Dismiss Class Action Lawsuit Claiming that Nestle Knowingly Sold Coffee Creamer Containing Trans Fat to Consumers (Law360 Subscription Required)
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- On January 24, 2020, a Northern District of California judge denied defendants’ motion to dismiss plaintiffs’ complaint. In Beasley v. Lucky Stores, Inc. et al, consumers of Coffee-mate, a line
Proposed Class Action Lawsuit Alleges “Just a Tad Sweet” is an Unauthorized and Misleading Low Sugar Claim for Honest Tea Beverages
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Buyers Claim Coke’s Tea Not Honest About Sugar Content (subscription to Law360 required)
- A proposed nationwide class of consumers who purchased the Honest brand of teas has sued the Coca-Cola