- As some of our readers may know, the U.S. House of Representatives subcommittee on Economic and Consumer Policy released a report on February 4th 2021 which reported on the
consumer class action
9th Circuit Holds that Structure/Function Claims Are Preempted
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- Last month, the United States Court of Appeals for the 9th Circuit affirmed a grant of summary judgment in favor Target and other defendants in a class action lawsuit
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Continue Reading 9th Circuit Holds that Structure/Function Claims Are Preempted
Flavor Litigation Update: Smoked Cheese
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- A proposed class of consumers filed a complaint (Law360 subscription required) against the grocery chain Aldi Inc. on January 26, 2021 in the Eastern District of New York alleging that
Proposed Class Sues Cheese Producer Over Smokey Flavor Labeling (Subscription to Law360 Required)
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- A proposed class of cheese buyers is suing Dietz & Watson Inc. in New York federal court, claiming that its smoked provolone cheese is falsely advertised because the cheese is
California Moves for Summary Judgment Against Mikoyo on Claims Related to Marketing of Plant-Based “Butter” (Law360 Subscription Required)
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PopChips Sued For “Misleading” Cheddar and Sour Cream Flavor Labeling (Subscription to Law360 Required)
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- On December 6, a complaint was filed in the Southern District of New York against the owners of PopChips, VMG Partners LLC. The proposed class action alleges that the labeling
Whole Foods Contends that No Reasonable Consumer Deceived by Sugar and Whole Grain Content of Oatmeal Products (Law360 Subscription Required)
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- Whole Foods has moved to dismiss a consumer class action that alleges that its “365 Everyday Value Organic Instant Oatmeal, Oats and Flax” product is deceptively advertised because it misleads
Class-Action Alleges that Carrot Cake Containing “Natural and Artificial Flavor” is Deceptively Advertised
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- On August 9, 2020, a class action lawsuit was filed against Hostess Brands, LLC, alleging that the company had deceptively marketed its product as a “carrot cake donette” when in
Federal Judge Finds Claims Too Speculative and Dismisses “Natural” Peanut Butter Class Action (subscription to Law360 required)
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- On March 31, an Ohio federal judge dismissed a proposed class action lawsuit which alleged that J.M. Smucker Co. misleadingly labeled peanut butter as “natural” even though it may have
Proposed Class Action Urges Court Not to Dismiss Suit Against Florida CBD Manufacturer (subscription to Law360 required)
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- A proposed class of consumers is urging a Massachusetts federal judge not to dismiss its suit against a Florida CBD supplement manufacturer over the potency of its products. By way