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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CONSUMER DECEPTION

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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

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

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

Walmart’s Fudge Mint Class Action Permanently Dismissed

Posted on August 24, 2022
  • [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required).  The lawsuit and the

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Continue Reading Walmart’s Fudge Mint Class Action Permanently Dismissed

Whole Foods Rice Pilaf Slack Fill Lawsuit Dismissed

Posted on August 17, 2022
  • On August 16, a federal judge for the Northern District of Illinois granted Whole Foods Market’s (WFM) motion to dismiss a proposed class action lawsuit that alleged WFM violated consumer

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Continue Reading Whole Foods Rice Pilaf Slack Fill Lawsuit Dismissed

Pop-Tarts False Ad Lawsuit Permanently Dismissed

Posted on May 25, 2022
  • On May 24, an Illinois federal judge permanently dismissed a proposed class action that alleged Kellogg misled consumers to believe its Frosted Strawberry Pop-Tarts contained more strawberries than actually present

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Continue Reading Pop-Tarts False Ad Lawsuit Permanently Dismissed

Baby Food Lawsuit Dismissed as “Simply Speculative”

Posted on April 27, 2022
  • On April 25, a New Jersey federal judge dismissed a putative class action lawsuit against baby food producer Sprout Foods, Inc. finding that the alleged harm was “simply speculative” (subscription

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Continue Reading Baby Food Lawsuit Dismissed as “Simply Speculative”

Strawberry Pop-Tart Claims Dismissed

Posted on March 15, 2022
  • An Illinois District Court dismissed a class-action lawsuit that alleged that the labeling on Kellogg Sales Company’s Unfrosted Strawberry Pop-Tarts mislead consumers into thinking that the product’s filling contained only

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Continue Reading Strawberry Pop-Tart Claims Dismissed

FDA Clarifies Labeling Rules for Quantitative Claims About Sugar

Posted on January 24, 2022
  •  Consumer class action lawsuits against Goldfish-brand snacks (discussed here) and others have alleged that such products do not comply with 21 CFR § 101.60 (“Nutrient content claims for the

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Continue Reading FDA Clarifies Labeling Rules for Quantitative Claims About Sugar

Litigation to Proceed Over Barilla Pasta Sauce with ‘No Preservatives’ Claim

Posted on December 13, 2021

Ill. Judge Trims Fraud Suit Targeting Barilla Pasta Sauce (subscription to Law360 required)

  • A proposed class action lawsuit filed against Barilla America Inc. in October 2018 alleges that consumers in

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Continue Reading Litigation to Proceed Over Barilla Pasta Sauce with ‘No Preservatives’ Claim

Consumers Allegedly Deceived by Sugar Claims

Posted on August 10, 2021
  • A class-action lawsuit—filed on behalf of consumers in California, New York, and nationwide—alleges that Campbell Soup Company and Pepperidge Farm, Inc.’s Goldfish-brand snack products (the “Goldfish Products”) are misleadingly

…
Continue Reading Consumers Allegedly Deceived by Sugar Claims

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