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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Nurture Seeks Dismissal of Heavy Metals Lawsuit

Posted on November 28, 2022

 Nurture Says Heavy Metal Baby Food Claims Aren’t Realistic (Law360 Subscription Required)

  • Multiple consumer-protection lawsuits against Nurture, LLC were consolidated in the Southern District of New York on September 1,

…
Continue Reading Nurture Seeks Dismissal of Heavy Metals Lawsuit

Boost Glucose Control Drinks Lawsuit Permanently Dismissed

Posted on November 14, 2022

 Nestle Dumps Boost Beverage False Ad Suit For Good (Law360 Subscription Required)

  • Earlier this year, a California federal judge dismissed without prejudice the second amended complaint in a proposed class

…
Continue Reading Boost Glucose Control Drinks Lawsuit Permanently Dismissed

New Jersey Federal Court in Dismissal of Plum Baby Food Class Action Outlines Allegations That Are Critical for Standing

Posted on November 7, 2022

 Plum, Campbell Escape Heavy Metal Baby Food Suit (Law360 Subscription Required)

  • Litigation soon followed a February 4, 2021 report and September 29, 2021 supplement (discussed here) by the U.S.

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Continue Reading New Jersey Federal Court in Dismissal of Plum Baby Food Class Action Outlines Allegations That Are Critical for Standing

“100% Whole Grain” Claim Challenged

Posted on November 1, 2022
  • Last month a class-action lawsuit was filed alleging that Wheat Thins are deceptively labeled as “100% Whole Grain” when they in fact contain corn starch, an ingredient Plaintiffs characterize as

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Continue Reading “100% Whole Grain” Claim Challenged

Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”

Posted on October 26, 2022
  • On October 21, a federal judge dismissed a proposed class action complaint against baby and toddler food producer, Sprout Foods Inc. (subscription to Law360 required). In their amended complaint,

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Continue Reading Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”

Another Heavy Metals Consumer Class Action Lawsuit Dismissed

Posted on October 24, 2022

Gerber Gets Baby Food Heavy Metals Suit Tossed (Law360 Subscription Required)

  • We reported on the April 25, 2022 dismissal by a New Jersey federal judge of a putative class action

…
Continue Reading Another Heavy Metals Consumer Class Action Lawsuit Dismissed

Barilla’s Motion to Dismiss False Ad Class Action Denied

Posted on October 19, 2022
  • On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.’s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as

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Continue Reading Barilla’s Motion to Dismiss False Ad Class Action Denied

Kellogg Ruling Guides On Easing Consumer Labeling Beef (Subscription to Law360 Required)

Posted on October 14, 2022
  • In a 16-page order, U.S. District Judge William H. Orrick dismissed with prejudice customer Angela Kennard’s putative class action she filed last year against Kellogg Sales Co. over its

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Continue Reading Kellogg Ruling Guides On Easing Consumer Labeling Beef (Subscription to Law360 Required)

“Made with Real Butter” Claim Challenged

Posted on September 20, 2022
  • A class-action lawsuit filed by Spencer Sheehan on September 18, 2022, alleges that an apple pie product advertised as “made with real butter” is deceptively advertised because its primary shortening

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Continue Reading “Made with Real Butter” Claim Challenged

Litigation to Proceed Over Strawberry Content in Kashi Cereal Bars

Posted on September 12, 2022

 Kashi Must Face Suit Over Pears In Strawberry Cereal Bars – Law360 (subscription to Law360 required)

  • As discussed here, a proposed consumer class action was filed in May of

…
Continue Reading Litigation to Proceed Over Strawberry Content in Kashi Cereal Bars

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