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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Posted on January 25, 2023
  • On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
… Continue Reading Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading

Posted on January 18, 2023
  • On January 16, consumer plaintiffs filed a class action lawsuit against The Coca-Cola Company alleging that their Fresca Sparkling Soda Water misleads consumers to believe the beverages contain no added
… Continue Reading Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading

Barilla’s Motion to Dismiss False Ad Class Action Denied

Posted on October 19, 2022
  • On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.’s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as

…
Continue Reading Barilla’s Motion to Dismiss False Ad Class Action Denied

Walmart’s Fudge Mint Class Action Permanently Dismissed

Posted on August 24, 2022
  • [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required).  The lawsuit and the

…
Continue Reading Walmart’s Fudge Mint Class Action Permanently Dismissed

Class Action Alleges Feta Cheese Made in USA Misleadingly Suggests European Origin

Posted on August 22, 2022

 Feta Maker’s ‘Greek’ Claim Crumbles On Inspection, Suit Says (Law360 Subscription Required)

  • A plaintiff’s success in one of the proliferating class action lawsuits over geographic origin hinges on whether the

…
Continue Reading Class Action Alleges Feta Cheese Made in USA Misleadingly Suggests European Origin

Beyond Meat Sued Over Protein Content Claims

Posted on June 15, 2022
  • A proposed consumer class action lawsuit was filed against Beyond Meat, Inc. on June 10, alleging that the plant-based meat manufacturer embellished the amount of protein contained in its line

…
Continue Reading Beyond Meat Sued Over Protein Content Claims

Pop-Tarts False Ad Lawsuit Permanently Dismissed

Posted on May 25, 2022
  • On May 24, an Illinois federal judge permanently dismissed a proposed class action that alleged Kellogg misled consumers to believe its Frosted Strawberry Pop-Tarts contained more strawberries than actually present

…
Continue Reading Pop-Tarts False Ad Lawsuit Permanently Dismissed

Latest in Class Action Lawsuit Over Kombucha and Hard Seltzer Labels

Posted on April 18, 2022

 Consumer Fights Bid To Ax Kombucha Beer False Ad Claims (Law360 Subscription Required)

  • On October 24, 2021, a proposed consumer class action lawsuit was filed in the Northern District of

…
Continue Reading Latest in Class Action Lawsuit Over Kombucha and Hard Seltzer Labels

10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

Posted on March 16, 2022
  • On March 11, the Tenth Circuit dismissed a pair of lawsuits that alleged Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC,

…
Continue Reading 10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

NY Judge Denies Dismissal of “Free-Range” Egg Suit

Posted on March 9, 2022
  • A federal judge in New York denied a motion to dismiss a proposed class action complaint which alleged that the producer of Nellie’s Free Range Eggs, Pete and Gerry’s Organics

…
Continue Reading NY Judge Denies Dismissal of “Free-Range” Egg Suit

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Recent Updates

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  • FSIS Proposes New Rules Regarding U.S. Origin Claims
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