• Whole Foods has moved to dismiss a consumer class action that alleges that its “365 Everyday Value Organic Instant Oatmeal, Oats and Flax” product is deceptively advertised because it misleads

Continue Reading Whole Foods Contends that No Reasonable Consumer Deceived by Sugar and Whole Grain Content of Oatmeal Products (Law360 Subscription Required)


  • The U.S. Food and Drug Administration (FDA) released a draft guidance on April 18, 2019 (as discussed here) for the exclusion of allulose, a monosaccharide used as a sugar

Continue Reading FDA Issues Final Guidance on Allulose and Solicits Information for Rulemaking on Nutrition Labeling for Sugars That are Metabolized Differently Than Traditional Sugars

 9th Circ. Judge Doubts General Mills False Label Claims (subscription to Law360 required)

  • Proposed class action lawsuits against Kellogg, Post, and General Mills, with a common lead plaintiff in the

Continue Reading 9th Circuit Judge Asks What Amount of Added Sugar in a Product Makes the Product Unhealthy, a Question About Which Other Courts Have Ruled There is a Material Issue of Fact in Allowing Similar Cases to Proceed

  • On June 3, 2020, the Sugar Association filed a Citizen Petition for Prohibition of Misleading Labeling Sweeteners and Request for Enforcement Action (the “Petition”).  The Petition seeks FDA guidance and

Continue Reading Sugar Association Files Citizen Petition Urging Regulatory Changes and Enforcement Action Related to the Labeling of Sugar Substitutes

  • On April 3, 2020, U.S. District Judge James Donato dismissed the sugar-related claims in the putative consumer class action lawsuit against O Organics LLC (“O Organics”), a kombucha drink maker

Continue Reading U.S. District Judge Dismisses Sugar Claim Against Kombucha Drink Maker But Allows Alcohol Content Claim to Proceed (Law360 Subscription Required)