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Reasonable Consumers Would Not Expect to Buy Margarita Cocktails in a New York Grocery Store

Posted on May 1, 2023

• A proposed class action filed last year in the Southern District of New York asserts that Coca-Cola Company’s Topo

… Continue Reading Reasonable Consumers Would Not Expect to Buy Margarita Cocktails in a New York Grocery Store

Plaintiffs Argue There is No Evidence FDA Will Act Soon on “Natural” Definition

Posted on April 10, 2023

• In 2015, when now ubiquitous “natural” lawsuits first began proliferating, FDA solicited comments

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“All Fruit” Jelly Label Continues to be Challenged in New York Federal Court (Law360 Subscription Required)

Posted on April 5, 2023

• 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

… Continue Reading “All Fruit” Jelly Label Continues to be Challenged in New York Federal Court (Law360 Subscription Required)

New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition

Posted on April 3, 2023

• We have reported on FDA’s proposed rule for when foods can be labeled with the claim “healthy”

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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

• We have reported on the mixed outcomes in proliferating class action lawsuits that challenge allegedly misleading geographical connotations

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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

• 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