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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

consumer class action

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Flavoring Lawsuit Targets “Hint of Lime” Tostitos

Posted on May 25, 2021
  • On May 11, 2021, a proposed class action lawsuit was filed against Frito-Lay, alleging that its “Hint of Lime” Tostitos were misleadingly labeled because they contain only “Natural Flavors” and

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Continue Reading Flavoring Lawsuit Targets “Hint of Lime” Tostitos

Yogurt Buyers Sue Chobani Over Misleading Label Claims (Subscription to Law360 Required)

Posted on May 19, 2021
  • On May 16, a proposed class of yogurt buyers filed suit against Chobani LLC for its misleading label claims. The proposed class alleged that Chobani’s “Complete” branded Greek yogurts contain

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Continue Reading Yogurt Buyers Sue Chobani Over Misleading Label Claims (Subscription to Law360 Required)

Lawsuit Alleges Kashi Strawberry Bars Misleadingly Labeled

Posted on May 18, 2021
  • A proposed consumer class action has been filed against Kashi Sales, LLC for allegedly deceptively labeling its “Ripe Strawberry Soft Baked Breakfast Bars.”
  • The thrust of the complaint is that

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Continue Reading Lawsuit Alleges Kashi Strawberry Bars Misleadingly Labeled

Lawsuit Alleges Kodiak Cakes Lack Claimed Protein Content

Posted on May 4, 2021
  • Plaintiffs, on behalf of a proposed class of consumers, have filed a class-action against Baker Mills, Inc. and Kodiak Cakes, LLC, which alleges that the Defendants have deceptively labeled and

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Continue Reading Lawsuit Alleges Kodiak Cakes Lack Claimed Protein Content

Proposed Class Action Lawsuit Alleges Whole Foods Sparkling Water Deceptively Labeled  

Posted on April 13, 2021
  • On April 11, 2021, a proposed class action lawsuit (Subscription to Law360 required) was filed against Whole Foods in the Southern District of New York alleging that the labeling of

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Continue Reading Proposed Class Action Lawsuit Alleges Whole Foods Sparkling Water Deceptively Labeled  

Vanilla Flavoring Class Action Lawsuit Against McDonald’s Dismissed

Posted on March 30, 2021
  • On March 24, 2021, the U.S. District Court for the Northern District of California dismissed (subscription to Law360 required) a consumer class action lawsuit against McDonald’s which had alleged various

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Continue Reading Vanilla Flavoring Class Action Lawsuit Against McDonald’s Dismissed

Proposed Settlement in Mowi Smoked Salmon Class Action (Law 360 Subscription Required)

Posted on March 19, 2021
  • By way of background, in November 2020, a class action lawsuit was filed asserting various causes of action against Mowi USA, LLC and Mowi Ducktrap, LLC (collectively “Mowi”) arising out

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Continue Reading Proposed Settlement in Mowi Smoked Salmon Class Action (Law 360 Subscription Required)

CBD Suit Stayed Pending Further Action from FDA or Congress

Posted on March 9, 2021
  • On March 3, 2021, the U.S. District Court for the Central District of California invoked the primary jurisdiction doctrine to stay a consumer class action asserting various causes of action

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Continue Reading CBD Suit Stayed Pending Further Action from FDA or Congress

Gerber and Plum Hit with Consumer Class-Action Lawsuits in Wake of Congressional Report on Heavy Metals in Baby Food

Posted on February 9, 2021
  • 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

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Continue Reading Gerber and Plum Hit with Consumer Class-Action Lawsuits in Wake of Congressional Report on Heavy Metals in Baby Food

9th Circuit Holds that Structure/Function Claims Are Preempted

Posted on February 2, 2021
  • 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

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