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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

Flavor Labeling

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False Fruit Labeling Claim Moves Forward

Posted on May 3, 2022
  • In an April 29, 2022 order, the U.S. District Court for the Northern District of California rejected Defendant BA Sports Nutrition, LLC’s motion for summary judgment as to Plaintiffs’

…
Continue Reading False Fruit Labeling Claim Moves Forward

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

Proposed Class Sues Over “A Twist of Lemon” Claim

Posted on February 9, 2022
  • A proposed class action lawsuit filed on February 4 alleged that Poland Spring sparkling water, owned by BlueTriton Brands, Inc., misled consumers with the claim “a twist of lemon” because

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Continue Reading Proposed Class Sues Over “A Twist of Lemon” Claim

Lawsuit Alleges Snack Lacks Real Wasabi

Posted on November 30, 2021
  • Earlier this month, a class-action lawsuit was filed against 7-Eleven, alleging that the company deceptively marketed its “Wasabi Delight Flavored Snack Mix” without including real wasabi in the product. Plaintiff’s

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Continue Reading Lawsuit Alleges Snack Lacks Real Wasabi

NY Dismisses Another “Deceptive” Butter Case

Posted on November 10, 2021
  • On November 9, the U.S. District Court for the Southern District of New York dismissed a putative class action against Pepperidge Farm Inc. (subscription to Law360 required). The plaintiff alleged

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Continue Reading NY Dismisses Another “Deceptive” Butter Case

Piña Colada-Flavor Soda Litigation Over Malic Acid

Posted on November 1, 2021

 Coke’s Piña Colada Fanta Not The Real Thing, Suit Says (Law360 Subscription Required)

  • On October 28, 2021, a class action lawsuit was filed against the Coca-Cola Company (Coke), alleging that

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Continue Reading Piña Colada-Flavor Soda Litigation Over Malic Acid

Another “Hint of Lime” Tostitos Flavoring Lawsuit

Posted on August 30, 2021

Frito-Lay’s ‘Hint of Lime’ Chips Have No Lime, Buyers Say (subscription to Law360 required)

  • A proposed class action filed against Frito-Lay on August 25, 2021 in the U.S. District Court

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Continue Reading Another “Hint of Lime” Tostitos Flavoring Lawsuit

Pop-Tarts Challenged for Fruit Content

Posted on August 26, 2021
  • An Illinois consumer has filed a class action lawsuit against Kellogg in federal court, claiming that Frosted Strawberry Pop-Tarts’ packaging is misleading because the product contains less strawberry than implied

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Continue Reading Pop-Tarts Challenged for Fruit Content

Malic Acid Flavoring Case Allowed to Proceed Sans Injunctive Relief

Posted on August 3, 2021
  • Malic acid is a compound that is used as a food ingredient in a variety of ways, including as a flavor enhancer, flavoring agent and adjuvant, and as a pH

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Continue Reading Malic Acid Flavoring Case Allowed to Proceed Sans Injunctive Relief

Artificially Flavored Chips Case Dismissed

Posted on July 29, 2021
  • On July 26, 2021, the U.S. District Court for the Southern District of New York dismissed a proposed class action (subscription to Law360 required) against Wise Foods, Inc.
  • The case

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Continue Reading Artificially Flavored Chips Case Dismissed

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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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