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Legal and Regulatory updates for the food and supplement industry

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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

Lawsuit Against Starbucks Dismissed; Sanctions Against Plaintiff’s Attorney Considered

Posted on August 1, 2023
  • Last month the U.S. District Court for the Northern District of New York dismissed a class-action lawsuit filed by Spencer Sheehan which alleged that Starbucks coffee labeled as “100% Arabica”
… Continue Reading Lawsuit Against Starbucks Dismissed; Sanctions Against Plaintiff’s Attorney Considered

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

Another Chocolate False Ad Lawsuit Dismissed

Posted on September 6, 2022
  • On August 30, U.S. District Judge Gary Feinerman dismissed a consumer class action lawsuit against Dreyer’s Grand Ice Cream Inc., the makers of Haagen-Dazs vanilla milk chocolate almond ice cream

…
Continue Reading Another Chocolate False Ad Lawsuit Dismissed

Chocolate False Advertisement Lawsuit Dismissed

Posted on July 26, 2022
  • A class action lawsuit which asserted various false advertisement claims related to the vegetable oil content of Costco’s chocolate almond dipped vanilla ice cream bars (the “product”) has been dismissed

…
Continue Reading Chocolate False Advertisement Lawsuit Dismissed

“Fudge” Pop-Tarts Claims Dismissed

Posted on June 6, 2022

 Kellogg Escapes Class Action Over Fudge Ingredients (Law360 Subscription Required)

  • We reported on three substantively identical class action lawsuits filed in district courts in Illinois that allege products containing vegetable

…
Continue Reading “Fudge” Pop-Tarts Claims 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

…
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

…
Continue Reading Baby Food Lawsuit Dismissed as “Simply Speculative”

10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

Posted on March 16, 2022
  • On March 11, the Tenth Circuit dismissed a pair of lawsuits that alleged Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC,

…
Continue Reading 10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

Second Butter Cracker Case Dismissed

Posted on March 3, 2022
  • In November 2021, we reported on the dismissal of a case against Pepperidge Farm Inc. in the Southern District of New York. A similar case was filed against Pepperidge Farm

…
Continue Reading Second Butter Cracker Case Dismissed

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  • Feta Cheese Class Action Alleging Misleading Geographic Origin Dismissed
  • Court Denies Majority of Starbucks “Refresher” Motion to Dismiss

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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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