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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

consumer class action

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Judge Denies Motion to Dismiss “Naturals” False Ad Lawsuit

Posted on October 4, 2023
  • A proposed putative class action lawsuit has been brought against the dietary supplement manufacturer, Nordic Naturals, Inc., and claims that the defendant has made false, misleading, and deceptive representations on
… Continue Reading Judge Denies Motion to Dismiss “Naturals” False Ad Lawsuit

Court Denies Majority of Starbucks “Refresher” Motion to Dismiss

Posted on September 22, 2023
  • In a September 16 opinion, U.S. District Judge John P. Cronan denied the majority of Starbucks’ motion to dismiss a proposed class action lawsuit related to the allegedly misleading
… Continue Reading Court Denies Majority of Starbucks “Refresher” Motion to Dismiss

Proposed Class Action Dismissed Over Lack of Standing

Posted on July 31, 2023
  • A proposed class action filed last year in the Southern District of Florida alleges that Kraft Heinz
… Continue Reading Proposed Class Action Dismissed Over Lack of Standing

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

Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading

Posted on January 18, 2023
  • On January 16, consumer plaintiffs filed a class action lawsuit against The Coca-Cola Company alleging that their Fresca Sparkling Soda Water misleads consumers to believe the beverages contain no added
… Continue Reading Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is 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

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

Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

Posted on October 31, 2022
  • On October 22, a California federal judge found that a proposed consumer class failed to show that calling a product “milk-based” is deceptive when milk is one, but not the

…
Continue Reading Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

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”

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

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

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