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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CLASS ACTION

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Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Posted on January 25, 2023
  • On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
… Continue Reading Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Court Rules that “Brown Bread” is Not Misleading

Posted on January 17, 2023
  • Last year we reported on a class-action lawsuit which alleged that a product described as “brown bread,” and which contained oat and rye flakes on the crust and a “no
… Continue Reading Court Rules that “Brown Bread” is Not Misleading

Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Posted on January 4, 2023
  • In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand’s Market Pantry “fruit punch” flavored concentrated liquid
… Continue Reading Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

Posted on December 9, 2022

Pepsi Falsely Touts ‘No Preservatives’ In Izze Drinks, Suit Says (Subscription to Law360 required)

  • On December 1, PepsiCo and the equity firm behind Tropicana, PAI Partners, Inc., were named defendants

…
Continue Reading Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed

Posted on December 2, 2022

Kroger Hit With False Ad Suit Over ‘Naturally Flavored’ Water (Law360 Subscription Required)

  • On November 28, a putative class action suit filed in Ohio federal court alleges that The Kroger

…
Continue Reading Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed

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.

…
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

…
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,

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

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