Tag Archives: NUTRIENT CONTENT CLAIMS

Nestle Asks California District Court to Dismiss Class Action Lawsuit Claiming that Nestle Knowingly Sold Coffee Creamer Containing Trans Fat to Consumers (Law360 Subscription Required)

On January 24, 2020, a Northern District of California judge denied defendants’ motion to dismiss plaintiffs’ complaint.  In Beasley v. Lucky Stores, Inc. et al, consumers of Coffee-mate, a line of coffee-creamer products produced by Nestle USA, Inc. (“Nestle”), brought a putative class action lawsuit against Nestle and a group of retail stores alleging that … Continue Reading

Proposed Class Action Lawsuit Alleges “Just a Tad Sweet” is an Unauthorized and Misleading Low Sugar Claim for Honest Tea Beverages

Buyers Claim Coke’s Tea Not Honest About Sugar Content (subscription to Law360 required) A proposed nationwide class of consumers who purchased the Honest brand of teas has sued the Coca-Cola company in New York federal court under various state laws for consumer protection, misrepresentation, breach of express and implied warranty, fraud, and unjust enrichment.  The … Continue Reading

KIND Petitions FDA to Update Nutrient Content Claim Regulations

On March 12, 2019, snack bar producer, KIND, submitted a Citizen Petition to the FDA asking the agency to update the framework for regulating nutrient content claims (NCCs). In sum, the petition requests that FDA consider the overall quality of the food, rather than just the quantity of a certain nutrient when regulating nutritional claims … Continue Reading

Ninth Circuit Court of Appeals Upholds Denial of Injunctive Relief Where Named Plaintiff Concedes She Would Not Purchase Allegedly Mislabeled Tea in the Future

9th Circ. OKs Toss Of Twinings Tea Antioxidant Case – Law360 (subscription to Law360 required) Seeking injunctive relief in consumer class action cases requires the plaintiff to show there is a threat of future harm.  A recent decision emphasizes the difficulty that a plaintiff can face when she concedes she will not purchase the contested … Continue Reading

“Healthy” Update: Industry, Others Weigh In on ‘Healthy’ Claims

As previously reported on this blog, FDA received a Citizen Petition from KIND in December 2015 requesting that the Agency revisit the definition of “healthy” — which has not changed since 1994 — to take into account present-day scientific understanding about the health benefits of many nutrient-dense foods, and in September 2016, FDA issued a request … Continue Reading

The Hullabaloo about Healthy: FDA Formally Seeks to Redefine “Healthy”

FDA requests comments on “healthy” definition and issues guidance regarding the use of the term “healthy” in the labeling of human food products. FDA regulations prescribe qualifying criteria for foods to bear the claim that they are “healthy” (including related terms) (21 CFR 101.65(d)).  Among other factors, a “healthy” food generally must contain 3 grams or less … Continue Reading

Honing in on “Healthy”

FDA to revisit definition of “healthy” on food labels. FDA regulations prescribe qualifying criteria for foods to bear the claim that they are “healthy” (including related terms) (21 CFR 101.65(d)).  Among other factors, a “healthy” food generally must contain 3 grams or less of total fat per serving and 1 gram or less of saturated fat per … Continue Reading

Fatty Acid Follow-Up

FDA issues guidance to help food companies comply with final rule for omega-3 fatty acid claims. In April 2014, FDA published a final rule prohibiting certain nutrient content claims for foods and dietary supplements containing the omega-3 fatty acids:  docosahexaenoic acid (DHA); eicosapentaenoic acid (EPA); and alpha-linolenic acid (ALA).  In short, the rule eliminated a … Continue Reading

Kind of Healthy

Citizen Petition requests that FDA update its definition of “healthy.” FDA has established qualifying criteria for foods to bear the claim that they are “healthy” (including related terms) (21 CFR 101.65(d)).  Among other factors, a “healthy” food generally must contain 3 grams or less of total fat per serving and 1 gram or less of saturated … 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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