Food & beverage class actions surged in 2021, driven in part by a tsunami of cases over heavy metals in baby food, but judges are wearying of cases that assume consumers have zero common sense, according to a review by law firm Perkins Coie.
The number of class action filings against food and beverage companies rose 8% to 177 in 2019, with firms vulnerable to legal action on a host of fronts, from animal welfare claims and CBD to vanilla labeling, says law firm Perkins Coie.
A recent appellate court decision coupled with a spate of warning letters sets the stage for more class action lawsuits like the proposed ones filed against CBD companies this week, experts say.
Most food, beverage and supplement brands know that stating or implying that their wares can treat, prevent, or cure a disease is a definite no no. They may not, however, be aware that retweeting, re-posting, or simply ‘liking’ social media postings to...
Think you’re on safe ground if you follow the letter of the Food, Drug, and Cosmetic Act? It’s a good start, said attorneys at a recent webinar, but it won’t stop you getting sued: “We’re beyond the days when you can just check for compliance with FDA...
FDA guidance continues to be used as a 'roadmap for class action lawsuits'
Very different outcomes in two near-identical lawsuits over evaporated cane juice labeling serve as a reminder that when it comes to food labeling, your website is every bit as important as your packaging label from a legal perspective. They also serve...
The number of class action cases filed against food and beverage companies continues to surge with the number of cases brought last year alone reaching a staggering 170, compared to a mere 20 cases in 2008, according to new research released earlier this...
A hotly-anticipated opinion by the US court of appeals for the ninth circuit in a high-profile false advertising case, contains bad news for defendant ConAgra Foods (now ConAgra Brands), but may prove to be of less significance to other food manufacturers,...
There have been hundreds of class action lawsuits directed against food and beverage companies in recent years over everything from evaporated cane juice to Non-GMO claims. But has the false advertising litigation trend peaked, and if not, what are the...
The Ninth Circuit Court of Appeals has reversed (in part) a lower court’s ruling that Dole Foods’ ‘all natural fruit’ labeling likely isn't deceptive, resurrecting a four-year-old lawsuit, and giving fresh ammunition to plaintiff’s attorneys pursuing...
A class action lawsuit accusing Coca-Cola subsidiary Odwalla of misleading consumers by using the term ‘evaporated cane juice’ (ECJ) on labels is now back in play in the wake of the FDA’s finalized guidance – and is likely to be joined by scores of others,...
As many courts are putting “natural claim” class action lawsuits on ice as the FDA probes what the term “natural” means, some companies are settling to avoid the expense and uncertainty of litigation.
Snack maker KIND – which faced a wave of false advertising lawsuits* last year over its use of the terms ‘healthy’ and ‘all-natural’ – has urged a New York court to stay or dismiss the cases on primary jurisdiction grounds until the FDA official weighs...
Will 2016 be another bumper year for food-labeling class action lawsuits, or has the FDA’s surprise decision to weigh into the ‘natural’ debate put a spanner in the works for plaintiff’s attorneys? We quizzed leading food law attorneys to find out (gallery...
Coca-Cola has urged a California federal court to toss a class action lawsuit alleging it misrepresents its flagship product as being free from added preservatives and artificial flavors.
Letter shows FDA is serious about enforcing standards of identity, says lawyer
While Unilever dropped a false advertising lawsuit over egg-free spread Just Mayo last year amid an avalanche of bad PR, the FDA has picked up where Unilever left off with a warning letter advising brand owner Hampton Creek it is playing fast and loose...
Another competitor has arrived in the specialized sphere of insurance for dietary supplement companies in the United States with a new program offered by Beazley Group, a worldwide insurance provider with headquarters in the United Kingdom.
Jamba Juice has agreed to settle a class action lawsuit filed in California alleging it misled shoppers by labeling its smoothie kits as ‘all-natural’.
While new class action lawsuits over ‘all-natural’ claims on food labels are still filed in the ‘food court’ in California on a weekly basis, some recent orders from judges handling these cases present a glimmer of hope for beleaguered food & beverage...
Three months after a federal judge in California gave the preliminary thumbs up to a $3.4m settlement of a class action lawsuit accusing Trader Joe’s of falsely advertising products as ‘all natural’, a fellow judge has allowed most claims in a similar...
Several food manufacturers have been let off the legal hook recently as lawsuits filed against them for using ‘evaporated cane juice’ (ECJ) on labels have been dismissed or stayed following the FDA’s decision to look again at its guidance on ECJ. But...
Four US Senators have written to Food & Drug Administration (FDA) commissioner Margaret Hamburg to express their concern about the agency’s use of draft guidance documents to make “substantive policy changes”.
A judge has certified a class of consumers accusing Twinings North America of misbranding its teas as a ‘natural source of antioxidants’, but said they cannot seek monetary damages because they have not come up with a viable legal theory for how to calculate...
It’s not quite as dramatic as the Oscar Pistorius trial, but in the world of food law, a false advertising case brought by POM Wonderful against rival Coca-Cola is being followed just as closely. And all eyes will be on the Supreme Court on Monday, when...
One of the most emotive - and politically-charged - claims in food labeling, ‘all-natural’ is also one of the most hotly disputed from a legal perspective.
A federal judge handling three lawsuits vs General Mills over ‘100% natural’ claims on Nature Valley products claimed to contain GMOs and other allegedly ‘un-natural’ ingredients says the courts are perfectly capable of deciding if consumers have been...
Mars and Nestlé have opted to settle a class action lawsuit over price fixing allegations in Canada but both still face criminal charges in a separate investigation from the Competition Bureau.
Is it too risky to label products that may contain ingredients from genetically engineered crops as ‘all-natural’? And will the FDA step in and decide this issue so consumer class action lawsuits over this issue stop clogging up the court system?
In the 2nd major development this week in the debate over whether foods made with GMOs can be labeled ‘natural’, a NY judge handling a multi-district lawsuit vs Frito-Lay says she will not refer the matter to the FDA, as her counterparts have done in...
GMO laws are vague and this is driving up ‘all natural’ class action lawsuits but consumers need to do more to steer the conversation, says cereal and snack maker Barbara’s, who recently settled a case to the tune of $4m.
Will the FDA put us all out of our misery and make a decision asap on whether GMOs belong in foods marketed as ‘natural’, as judges handling class action lawsuits over this issue are hoping?
The American Herbal Products Association has weighed in on draft proposals to amend California’s Proposition 65. Among the group’s recommendations are changes to the language of the warnings mandated under the law.
The Kellogg Company has reached a new settlement to pay out $4m in its Frosted Mini-Wheats class action lawsuit. But the court has raised concerns on the significant cash drop from the previously rejected settlement of $10.5m.
A Washington state ballot initiative that seeks to require GMO labeling is nearing its goal of 320,000 signatures, a goal organizers are confident that it will reach.
PepsiCo has been targeted by the latest in a string of class action lawsuits alleging big brands are misleading consumers by labelling products as ‘all-natural’ when they contain genetically modified organisms (GMOs).
With class action lawsuits alleging labeling violations now “filed almost daily in California”, food manufacturers are spending “hundreds of thousands of dollars in legal fees and settlement amounts” to resolve cases that are entirely avoidable, according...
The threat of civil litigation is now so great that food manufacturers using any ingredients not found in ‘Grandma’s kitchen cupboard’ should think twice about making ‘all-natural’ claims on pack, according to one firm specializing in food label compliance.
If you didn’t make it to Anaheim – or were too busy manning your booth to check out what the competition was up to - we’ve plucked some pearls of wisdom from the podium at Nutracon and the exhibit halls at Expo West for your reading pleasure…
POM Wonderful has come under fire again for allegedly misleading and deceiving consumers about the health benefits of its antioxidant-packed wares in a new class action lawsuit.
A class action lawsuit brought against Coca-Cola by advocacy group The Center for Science in the Public Interest (CSPI) over Coke’s VitaminWater range is set to go to mediation, FoodNavigator-USA has learned.
A potent combination of lawyers on the make, a rise in activism from consumer lobby groups and food manufacturers pushing the envelope with more aggressive health claims is set to prompt an “explosion” in class action lawsuits in the coming years, according...
Nestlé was not dealt a financial penalty in its settlement this week with the Federal Trade Commission over immunity health claims being made for some of its probiotic products, but a class action is possible, says a food attorney.
Mars-owned Wrigley will pay consumers up to $7m after settling a class action that challenged its right to claim its Eclipse gum was, "scientifically proven to help kill the germs that cause bad breath".
Canadian natural foods group SunOpta has said it has agreed to pay $11.25m to settle class action lawsuits that accused the company of overstating its earnings and lacking internal financial controls.
SunOpta is catching up on filing its financial results and has announced a rise in profits in the first quarter of this year despite hefty professional fees relating to its berry division write-down.
