- Last month the U.S. District Court for the Northern District of New York dismissed a class-action lawsuit filed by Spencer Sheehan which alleged that Starbucks coffee labeled as “100% Arabica”
CLASS ACTION
Summary Judgment for Champion Petfoods Affirmed in Heavy Metals Class Action Lawsuit
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- In May 2017, following a poor rating of its premium-priced dog food by the Clean Label Project,
Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)
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- On May 19, Coca-Cola filed a motion to dismiss in an Illinois federal court, requesting the judge to throw out a proposed class action alleging it misleads consumers into thinking
Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds
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- On May 11, 2023, the U.S. Court of Appeals for the 9th Circuit affirmed the District Court’s grant of summary judgment in favor of Walmart and International Vitamin Corporation
Court Upholds Dismissal of Lawsuit Challenging “Just Fruit” Claim
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- On April 28, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s decision to dismiss a lawsuit against Kroger which alleged that the company falsely
Reasonable Consumers Would Not Expect to Buy Margarita Cocktails in a New York Grocery Store
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- A proposed class action filed last year in the Southern District of New York asserts that Coca-Cola Company’s Topo
Plaintiffs Argue There is No Evidence FDA Will Act Soon on “Natural” Definition
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- In 2015, when now ubiquitous “natural” lawsuits first began proliferating, FDA solicited comments
“All Fruit” Jelly Label Continues to be Challenged in New York Federal Court (Law360 Subscription Required)
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- In November 2022, B&G Foods Inc.’s Polaner “All Fruit” jelly spreads were challenged by a proposed class action suit in New York federal court for allegedly misleading consumers into believing
New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition
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- We have reported on FDA’s proposed rule for when foods can be labeled with the claim “healthy”
“Made with Real Milk” (Fat?) Lawsuit Dismissed
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- 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