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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Petition Requests that FDA Amend Flavoring Regulation

Posted on November 21, 2023
  • The Consumer Federation of America (CFA), a non-profit consumer advocate organization, submitted a petition to FDA on November 8, 2023, requesting that the agency amend the flavoring regulation at 21
… Continue Reading Petition Requests that FDA Amend Flavoring Regulation

Insufficiently Specific Pleadings Doom “Naturally Flavored” Lawsuit

Posted on March 14, 2023
  • On March 10, 2023, the U.S. District Court for the Southern District of New York dismissed (Law360 subscription required) an amended complaint which alleged that Wegmans’s vanilla cake mix product
… Continue Reading Insufficiently Specific Pleadings Doom “Naturally Flavored” Lawsuit

Pair of Lawsuits Target Mint Flavored Products  

Posted on November 8, 2022
  • Spencer Sheehan, a well-known class-action attorney, has filed a pair of class-action lawsuits in the U.S. District Court for the Northern District of Illinois, alleging that mint flavored products which

…
Continue Reading Pair of Lawsuits Target Mint Flavored Products  

Deceptive Advertising Lawsuit Targets Use of Malic Acid

Posted on September 7, 2022
  •  On September 4, 2022, a class-action lawsuit was filed against Conagra for allegedly deceptively advertising its “Chile Lemon Flavor Sunflower Seeds” by failing disclose that the product was artificially flavored

…
Continue Reading Deceptive Advertising Lawsuit Targets Use of Malic Acid

Lawsuit Challenges Flavor Labeling in Product with Malic Acid

Posted on March 22, 2022
  •  On March 14, 2022, a class-action lawsuit was filed against Publix Super Markets, Inc. for allegedly improperly and deceptively labeling their “strawberry watermelon water enhancers” (the “product”) as flavored with

…
Continue Reading Lawsuit Challenges Flavor Labeling in Product with Malic Acid

CA Judge Denied Vanilla Ice Cream Class Certification

Posted on November 3, 2021
  • On October 27, a California federal judge denied certification to a proposed class of consumers who were allegedly misled by Unilever’s marketing of Breyers’ Natural Vanilla ice cream (subscription to

…
Continue Reading CA Judge Denied Vanilla Ice Cream Class Certification

Another Vanilla Lawsuit Dismissed

Posted on September 27, 2021

Aldi Freed From False-Ad Claims Over ‘Vanilla’ Almond Milk (subscription to Law360 required)

  • On September 21, 2021, the U.S. District Court for the Southern District of New York dismissed with

…
Continue Reading Another Vanilla Lawsuit Dismissed

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

…
Continue Reading Flavoring Lawsuit Targets “Hint of Lime” Tostitos

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

…
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

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

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