- Yesterday the U.S. Court of Appeals for the Ninth Circuit affirmed (Law360 subscription required) the dismissal of two consolidated appeals on preemption grounds. In both cases, Plaintiffs had argued that
NUTRIENT CONTENT CLAIMS
FDA Asked to Allow “Healthy” Claims on Coffee
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- As we have previously blogged, last September FDA released a proposed rule with criteria for making “healthy” claims. In the proposed rule, FDA requested “comment on the eligibility of
Gerber Seeks Dismissal of Putative Class Action Over Allegedly Misleading Protein Content Claims on Baby Food Containing Added Sugar
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Gerber Judge Calls Baby Food False Ad Claim ‘Pretty Weird’ (Law360 Subscription Required)
- A motion to dismiss hearing was held on February 9, 2023 over a proposed class action
FDA Clarifies Labeling Rules for Quantitative Claims About Sugar
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- Consumer class action lawsuits against Goldfish-brand snacks (discussed here) and others have alleged that such products do not comply with 21 CFR § 101.60 (“Nutrient content claims for the
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Lawsuit Alleges Fat Content Deceptively Labeled
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- A class-action lawsuit filed in August against Hormel Foods alleges that the company’s Black Label Center Cut Bacon (Center Cut Bacon) is falsely labeled as containing “25% Less Fat Than
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Consumers Allegedly Deceived by Sugar Claims
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- A class-action lawsuit—filed on behalf of consumers in California, New York, and nationwide—alleges that Campbell Soup Company and Pepperidge Farm, Inc.’s Goldfish-brand snack products (the “Goldfish Products”) are misleadingly
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Snapple Urges Court to Dismiss “Sorta Sweet” Lawsuit
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- In a January 14 motion, Snapple Beverage Corp. asked a California federal court to dismiss a proposed class action lawsuit that alleges the “Sorta Sweet” label on its Straight
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Nestle Denied Summary Judgment In Trans Fat Class Action (subscription to Law360 required)
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- A California federal judge denied Nestle USA Inc.’s motion for summary judgment in a suit that alleged they misled consumers on the trans fat content of Coffee-mate brand creamers. In
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)
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- 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
Proposed Class Action Lawsuit Alleges “Just a Tad Sweet” is an Unauthorized and Misleading Low Sugar Claim for Honest Tea Beverages
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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