- On July 12, the Southern District of New York dismissed a putative class action lawsuit against Coca-Cola and their Gold Peak iced tea. The plaintiff had alleged violations of various
Litigation
Lawsuit Targets Dreyer’s “Chocolate” Ice Cream Bars
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- On July 18, a proposed class action lawsuit (Subscription to Law360 required) was filed against Dreyer’s Grand Ice Cream Inc., the makers of Haagen-Dazs vanilla milk chocolate almond ice cream
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Starbucks Frappuccino Is Latest Target of Deceptive Vanilla Labeling Lawsuit (Law360 Subscription Required)
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- On February 5, Starbucks became the most recent food producer to be sued for deceptive and misleading labeling on its vanilla Frappuccino. Glen Skalubinski filed a proposed class action
Blue Bell Fined Record $17.25 Million in Post-Conviction Criminal Penalties for Listeria Outbreak
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- As previously reported on this blog, a multi-state listeriosis outbreak in 2015 linked to Blue Bell Creameries LP’s ice cream products contaminated with Listeria monocytogenes led to recalls, state
“All Natural” Case against Arizona Brand Gummies Allowed to Proceed (Law360 Subscription Required)
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- A federal district court in New York is allowing state consumer protection claims to proceed against Arizona Beverage Co. (“Arizona”) for its “all natural” gummies. As previously reported on this
Judge Dismisses Class Action Lawsuit For Oreo “Made with Real Cocoa” Claims (Subscription to Law360 Required)
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- On July 28, 2020, a New York federal judge dismissed class action claims against Oreo maker Mondelez Global LLC that accused the company of misleading consumers with “always made with
Judge Dismisses Claims against Wegmans Regarding Vanilla Ice Cream Labeling
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- On July 14, 2020, a New York federal judge dismissed a lawsuit against Wegmans Food Market (“Wegmans”) concerning allegedly deceptive labeling of its vanilla ice cream. The plaintiffs had alleged
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U.S. Court of Appeals for the Seventh Circuit Finds that Plaintiffs Did Not Suffer a Concrete Harm When They Purchased Allegedly Underfilled Boxes of Chocolate (subscription to Law360 required)
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- On December 9, 2019, the Seventh Circuit found that an Illinois federal district court properly tossed a proposed slack-fill class action against Fannie May, a Chicago-based chocolate maker. In
Ocean Spray Agrees to Settle ‘No Artificial Flavors’ Suit (subscription to Law360 required)
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- A consumer class action lawsuit, first filed in California state court on September 19, 2017 alleged that Ocean Spray Cranberries Inc.’s “CranGrape” and “CranApple” beverages were false and misleading under
Grated Parmesan Cheese Companies Can’t Escape Food Fraud Litigation on Excess Cellulose
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- Grated parmesan companies Kraft Heinz Co. and SuperValu Inc. have not been able to end multidistrict litigation that began in 2016, alleging food fraud for excess cellulose as an