- On June 8, 2023, GOOD Meat, the cultivated meat division of food technology company Eat Just Inc., became the first company to receive label approval from the U.S. Department
LABELING
Granola Company Sued for “Sugar Free” Monk Fruit Claim (Law360 Subscription Required)
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- On Monday, June 5, 2023, Saraya USA (Saraya) was denied its motion to dismiss a class action lawsuit that claimed it falsely advertises its granola as being “monk fruit sweetened”
Marketing Implications of California’s Proposition 12
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- As we have previously blogged, the U.S. Supreme Court upheld California’s Proposition 12 (Prop 12) on May 11, 2023, which bans the sale of pork in California unless breeding
Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)
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- On May 19, Coca-Cola filed a motion to dismiss in an Illinois federal court, requesting the judge to throw out a proposed class action alleging it misleads consumers into thinking
FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact
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- On May 16, FDA released a draft Compliance Policy Guide, “Sec. 555.250: Major Food Allergen Labeling and Cross-contact,” to provide guidance for FDA staff on the Agnecy’s enforcement policy regarding
Reasonable Consumers Would Not Expect to Buy Margarita Cocktails in a New York Grocery Store
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- A proposed class action filed last year in the Southern District of New York asserts that Coca-Cola Company’s Topo
Plaintiffs Argue There is No Evidence FDA Will Act Soon on “Natural” Definition
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- In 2015, when now ubiquitous “natural” lawsuits first began proliferating, FDA solicited comments
“All Fruit” Jelly Label Continues to be Challenged in New York Federal Court (Law360 Subscription Required)
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- In November 2022, B&G Foods Inc.’s Polaner “All Fruit” jelly spreads were challenged by a proposed class action suit in New York federal court for allegedly misleading consumers into believing
Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)
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- On March 10, Hershey Company filed a motion to dismiss a consumer class action suit which claimed that its chocolate contained toxic substances. Hershey maintains that it “never promised, in
Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)
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- On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein