Tag Archives: NINTH CIRCUIT

Amongst FDA SOI Conversation, Ninth Circuit Agrees Consumers Are Not Misled by Plant-Based Milks

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 focused on the nutritional differences between almond milk and 2% dairy milk and argued that the plant-based milk lacked the essential nutrients that are inherent … Continue Reading

Trans Fat Free

Ninth Circuit ruling shines spotlight on the “trans fat free” claim arena. A “nutrient content claim” is a claim that expressly or implicitly characterizes the level of a nutrient of the type required to be in nutrition labeling.  As a general matter, FDA must authorize specific nutrient content claims.  For years, there has been debate … Continue Reading
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