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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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NY Dismisses Another “Deceptive” Butter Case

Posted on November 10, 2021
  • On November 9, the U.S. District Court for the Southern District of New York dismissed a putative class action against Pepperidge Farm Inc. (subscription to Law360 required). The plaintiff alleged

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Continue Reading NY Dismisses Another “Deceptive” Butter Case

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

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Continue Reading CA Judge Denied Vanilla Ice Cream Class Certification

Hard Seltzer Co. Sued for Overstating Health Benefits

Posted on October 27, 2021
  • A proposed federal class action filed on October 24 alleges that Fermented Sciences Inc., which sells Flying Embers brand beverages, misled consumers into thinking its alcoholic kombucha and seltzer drinks

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Continue Reading Hard Seltzer Co. Sued for Overstating Health Benefits

Tootsie Roll Dodges Another “Slack-Fill” Lawsuit

Posted on October 22, 2021
  • On October 18, 2021 a New Jersey federal judge dismissed plaintiff Regan Iglesia’s proposed class action lawsuit against Tootsie Roll Industries (“Tootsie Roll”). The case was dismissed for lack of

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Continue Reading Tootsie Roll Dodges Another “Slack-Fill” Lawsuit

Chobani Defends Yogurt Claims as “Literally True”

Posted on October 6, 2021
  • On October 1, Chobani asked an Illinois federal judge to dismiss a proposed class action lawsuit that accused the company of falsely claiming that its Complete Greek Yogurt provides “complete

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Continue Reading Chobani Defends Yogurt Claims as “Literally True”

Ninth Circuit Rules No Future Harm to Coca-Cola Class

Posted on September 1, 2021
  • On August 31, the Ninth Circuit decertified a class of consumers that claimed Coca-Cola falsely labeled its drinks as having no artificial flavors when they contained phosphoric acid (subscription to

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Continue Reading Ninth Circuit Rules No Future Harm to Coca-Cola Class

Pop-Tarts Challenged for Fruit Content

Posted on August 26, 2021
  • An Illinois consumer has filed a class action lawsuit against Kellogg in federal court, claiming that Frosted Strawberry Pop-Tarts’ packaging is misleading because the product contains less strawberry than implied

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Continue Reading Pop-Tarts Challenged for Fruit Content

Nature’s Path Sued for Overstating Protein

Posted on July 8, 2021
  • On Friday, July 2, three California residents filed a class action lawsuit (subscription to Law360 required) against Nature’s Path Foods Inc., claiming that Nature’s Path deceived customers by overstating the

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Continue Reading Nature’s Path Sued for Overstating Protein

Yogurt Buyers Sue Chobani Over Misleading Label Claims (Subscription to Law360 Required)

Posted on May 19, 2021
  • On May 16, a proposed class of yogurt buyers filed suit against Chobani LLC for its misleading label claims. The proposed class alleged that Chobani’s “Complete” branded Greek yogurts contain

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Continue Reading Yogurt Buyers Sue Chobani Over Misleading Label Claims (Subscription to Law360 Required)

Court Agrees to Dismiss Lawsuit Over Hostess’ Carrot-less Carrot Cake Donut (Subscription to Law360 Required)

Posted on February 24, 2021
  • On February 19, a California federal judge agreed to dismiss a proposed class action lawsuit that alleged Hostess Brands Inc. misled consumers into believing its carrot cake mini doughnuts contained

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Continue Reading Court Agrees to Dismiss Lawsuit Over Hostess’ Carrot-less Carrot Cake Donut (Subscription to Law360 Required)

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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