- In an April 29, 2022 order, the U.S. District Court for the Northern District of California rejected Defendant BA Sports Nutrition, LLC’s motion for summary judgment as to Plaintiffs’
CLASS ACTION
Baby Food Lawsuit Dismissed as “Simply Speculative”
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- On April 25, a New Jersey federal judge dismissed a putative class action lawsuit against baby food producer Sprout Foods, Inc. finding that the alleged harm was “simply speculative” (subscription
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Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit
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Kellogg Says ‘Veggie’ Means ‘No Meat,’ Not ‘Vegetables’ (Law360 Subscription Required)
- The judge in a proposed class action lawsuit before the Northern District of California dismissed the plaintiff’s initial complaint
Another Chocolate Class Action Lawsuit Dismissed
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- On April 8, 2022, the U.S. District Court for the Northern District of Illinois Eastern Division dismissed a class action lawsuit which alleged that Whole Foods had deceptively advertised its
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Strawberry Pop-Tart Claims Dismissed
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- An Illinois District Court dismissed a class-action lawsuit that alleged that the labeling on Kellogg Sales Company’s Unfrosted Strawberry Pop-Tarts mislead consumers into thinking that the product’s filling contained only
Arguments Over Label of Kirkland ‘Black Raspberry’ Sparkling Water
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Costco Artificial Flavoring Is A Lie, Court Told (Law360 Subscription Required)
- A federal class action complaint, filed September 3, 2021, alleges the words “black raspberry flavor” and pictures of black
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“Made With Milk Chocolate” Claims Dismissed
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- On February 17, 2022, the U.S. District Court of the Southern District of New York dismissed a lawsuit against Mars Wrigley Confectionery US, LLC (Mars) which alleged that Mars’ chocolate-coated
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Slack Fill Class-Action Dismissed
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- The U.S. District Court for the Southern District of New York has dismissed with prejudice a class-action lawsuit that alleged that Annie Inc’s Bunny Fruit Snacks – Tropical Treat (the
Proposed Class Sues Over “A Twist of Lemon” Claim
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- A proposed class action lawsuit filed on February 4 alleged that Poland Spring sparkling water, owned by BlueTriton Brands, Inc., misled consumers with the claim “a twist of lemon” because
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FDA Clarifies Labeling Rules for Quantitative Claims About Sugar
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- Consumer class action lawsuits against Goldfish-brand snacks (discussed here) and others have alleged that such products do not comply with 21 CFR § 101.60 (“Nutrient content claims for the
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