- 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
misleading
California Federal Judge Denies Motion to Dismiss False Advertising Class Action Involving Breyers Natural Vanilla Ice Cream
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- Numerous class action lawsuits have been filed, mostly by a single firm, involving products that are claimed to contain deceptive and misleading information on their labels regarding vanilla. We have
California Judge Dismisses Proposed Class Action Against Kellogg Vanilla Labeling
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- On June 22, a California federal judge dismissed a proposed class action against Kellogg Sales Company for their Bear Naked Granola V’nilla Almond product. In the complaint, plaintiff Harlan Zaback
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Federal Judge Finds Claims Too Speculative and Dismisses “Natural” Peanut Butter Class Action (subscription to Law360 required)
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- On March 31, an Ohio federal judge dismissed a proposed class action lawsuit which alleged that J.M. Smucker Co. misleadingly labeled peanut butter as “natural” even though it may have
Proposed Class Action Urges Court Not to Dismiss Suit Against Florida CBD Manufacturer (subscription to Law360 required)
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- A proposed class of consumers is urging a Massachusetts federal judge not to dismiss its suit against a Florida CBD supplement manufacturer over the potency of its products. By way
Mexican Chamber of Deputies Approves Bill that Prohibits Use of Dairy Terms on Plant-Based Alternatives
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- In late December 2019, Mexico’s Chamber of Deputies’ voted in favor of a reform to the Ley de la Propiedad Industrial (“Industrial and Federal Property of Consumer Protection law”), which
Amongst FDA SOI Conversation, Ninth Circuit Agrees Consumers Are Not Misled by Plant-Based Milks
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- The Ninth Circuit upheld the dismissal of a proposed class action that alleged Almond Breeze almond milk is mislabeled and instead should be labeled as “imitation milk.” Plaintiff Cynthia Painter
Second Circuit Remands “Whole Grain” Cheez-It Lawsuit
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- The United States Court of Appeals for the Second Circuit held that a New York district court erred in ruling that labeling Kellogg’s Cheez-It crackers as “whole grain” was not
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