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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CONSUMER DECEPTION

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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

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

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)

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

Slack Fill Settlement

Posted on March 20, 2017
  • “Slack fill” cases are on the rise across the U.S.  Slack fill is the empty space between products and their packaging. Companies can be challenged for including “nonfunctional slack fill”

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Continue Reading Slack Fill Settlement

POM & Coke: Trial by Jury

Posted on March 14, 2016

POM Wonderful pursues false advertising claim against Coca-Cola. (subscription to Law360 required)

  • As previously covered on this blog, POM Wonderful sued Coca-Cola in 2008 under the Lanham Act for

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Continue Reading POM & Coke: Trial by Jury

California Provision Goes Slack

Posted on February 18, 2016

Federal law preempts California slack fill challenges for USDA-regulated products.

  • Under the California Fair Packaging and Labeling Act, companies can be challenged for including “nonfunctional slack fill” in product packaging. 

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Continue Reading California Provision Goes Slack

Yogurt Fight Gets Messy

Posted on January 12, 2016

Chobani’s latest ad campaign targets ingredients in Dannon and Yoplait products

  • Yoplait and Dannon have accused competitor Chobani of using false and misleading statements about their products in Chobani’s latest

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Continue Reading Yogurt Fight Gets Messy

Labeling Lawsuits: The Devil is in the Details?

Posted on November 4, 2015

Judge dismisses class action lawsuit, ruling that even prominent pictorial label representations may not necessarily mislead.  (subscription to Law360 required)

  • Much debate exists about the extent to which graphic or

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Continue Reading Labeling Lawsuits: The Devil is in the Details?

The Juice is Loose

Posted on February 23, 2015

Class action lawsuit alleges deceptive labeling of juice products. (subscription to Law360 required)

  • In 2014, the U.S. Supreme Court ruled that POM Wonderful could sue Coca-Cola under the Lanham Act

…
Continue Reading The Juice is Loose

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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