Tag Archives: Litigation; Lawsuit

Proposed Class Action Lawsuit Alleges ‘Simply Cocoa’ and ‘Made With Real Cocoa’ are False and Deceptive Claims for Hot Chocolate That Contains Alkalized Cocoa

 Swiss Miss Hot Cocoa Ingredients Not So ‘Simple,’ Buyers Say (subscription to Law360 required) In a proposed statewide class of consumers who purchased Swiss Miss hot chocolate and similar products, an individual has sued ConAgra under various California consumer protection laws.  The plaintiff alleges that he made an on-line purchase of Swiss Miss Simply Cocoa … Continue Reading

Federal Court’s Refusal to Issue Injunction is Appealed as Plaintiffs Continue First Amendment Challenge Against Missouri’s Meat Labeling Laws

  Missouri was the first among many states, including Arkansas, Louisiana, Mississippi, North Dakota, Oklahoma, South Carolina, South Dakota, and Wyoming, to enact laws restricting plant-based and cell-cultured products from being labeled as “meat.”  As reported here, Turtle Island Foods (Tofurkey brand), in conjunction with non-profit advocacy groups, filed a lawsuit on August 28, 2018, which … Continue Reading

Federal Court Not Ready to Determine Whether an Ingredient is ‘Natural’ Solely on the Basis That it is Derived From a Plant

 LaCroix’s ‘Outraged’ Sanctions Bid in ‘Natural’ Suit Falls Flat (Subscription to Law360 required) The named plaintiff in a class action lawsuit filed in Illinois last year (Rice v. National Beverage Corp. d/b/a LaCroix Sparkling Waters, October 18, 2018) alleges that “all natural” labeling on LaCroix sparkling water is fraudulent because the sparkling water contains chemicals … Continue Reading

Plaintiffs Cling to Slim Chance of Success in 9th Circuit After 2nd Circuit Affirms the Term “Diet” is Not False and Misleading in Name of Soft Drink Sweetened with Aspartame

 2nd Circ. Cans Diet Coke Drinkers’ False Ad Suit (Subscription to Law360 required) The U.S. Court of Appeals for the 2nd Circuit dismissed the plaintiffs’ lawsuit in Geffner v. The Coca Cola Company, Case No. 18-16721, Decided: June 27, 2019 over claims that the “diet” labeling in Diet Coke is false and misleading.  The panel … Continue Reading

Flavored Sparkling Water, LaCroix, Sued Over Natural Claims

A class action lawsuit filed by Lenora Rice in Cook County, Illinois alleges that LaCroix manufacturer, National Beverage Corp, falsely markets its popular flavored sparkling water as “all natural.” The complaint states that LaCroix sparkling waters are “manufactured using non-natural flavorings and synthetic compounds,” but are labeled as “all natural” and “always 100% natural.” Specifically, LaCroix is … Continue Reading
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