There are multiple holes in a new proposed class action complaint filed vs Mondelez over sugar levels in its belVita range, say attorneys. However, the recent shift away from fat to sugar as public enemy #1 has clearly emboldened the plaintiff’s bar.
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...
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...
Lawsuits an 'ill-advised attempt to make an end-run around FDA rules'
Kellogg, General Mills and Post Foods have urged the courts to ditch high-profile lawsuits over the sugar content in their cereals, on the grounds that their claims are pre-empted by federal law and that no reasonable consumer would find their labels...
If a high percentage of the calories in your product are from added sugar, and you are stating or implying that it’s healthy and nutritious, are you at risk of a false advertising lawsuit? A flurry of lawsuits recently filed vs Kellogg, General Mills...
Mondelēz seeks to strike down a nationwide class action lawsuit that alleges the firm's Sour Patch Kids box “misleads consumers into believing that they were receiving more products that they actually were”.
General Mills is the latest major CPG company to be targeted with class action lawsuits alleging it misrepresented the oats used in selected Nature Valley bars and snacks as ‘100% natural’ because they contain trace levels of pesticide residue (glyphosate).
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,...
Just Mayo maker Hampton Creek – one of a growing number of food companies sued for allegedly misclassifying workers as independent contractors as opposed to employees – is exploring a potential resolution via private mediation, court documents show.
5-Hour Energy has settled its claims against most of the more than 70 defendants named in a high-profile, consolidated lawsuit concerning a nationwide counterfeit operation.
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.
JM Smucker has agreed to settle a class action lawsuit accusing it of misleading shoppers by labeling selected Crisco cooking oil as ‘all natural’, according to court papers filed in New York.
While the FDA has given the food industry until June 2018 to phase out partially hydrogenated oils, its June 16 final determination that PHOs are not GRAS (Generally Recognized as Safe) has given plaintiff's attorneys ammunition for a new wave of...
Three US consumers have filed a class action lawsuit against Abbott Laboratories, claiming its Similac Advance Organic infant formula contains 26 ingredients not permitted in organic food.
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’.
Attorney: 'The risk of litigation over ‘source’ as a term is not insignificant'
An Arkansas federal judge has thrown out a class action lawsuit claiming Twinings North America Inc. deceived consumers by mislabeling its teas as a ‘natural source of antioxidants’, but attorneys warn that other firms should still think very carefully...
A class action lawsuit filed in California accuses Whole Foods Market of misleading consumers by advertising and selling Almond Breeze products with non-GMO Project verified labels before they had officially achieved Non-GMO Project verified status.
With a class action lawsuit filed almost weekly over the word ‘natural’ on food & beverage labels, many firms are now wondering whether the most used and abused word in food marketing is really worth all the hassle. But should they ditch ‘natural’...
Product was tested by a reputable third party lab, says Whole Foods
Whole Foods has been hit with new class action lawsuits in Pennsylvania and New Jersey accusing it of significantly understating the sugar content in its 365 Everyday Value plain Greek yogurt, just days after a lawsuit making the same allegation was filed...
Settlement offers injunctive, but not monetary, relief (Coke required to amend labels but consumers won't get any money)
Coca-Cola has agreed to settle a series of 'copycat' lawsuits accusing it of deceptively marketing Vitaminwater. But the lawsuit that inspired them all - filed by the Center for Science in the Public Interest in 2009 - is still pending, as the...
Whole Foods' labels are misleading, deceptive, unfair and fraudulent, alleges lawsuit
Whole Foods Market has been targeted in another class action lawsuit alleging that products it labels as ‘all-natural’ are misbranded because they contain “artificial ingredients and flavorings, artificial coloring and chemical preservatives”.
Walmart cranberry pomegranate juice is mostly grape & apple juice, says lawsuit
Six weeks after the Supreme Court gave POM Wonderful the green light to sue Coca-Cola over its juice labels, Walmart has been targeted in a consumer class action lawsuit making near-identical allegations.
A judge has dismissed a lawsuit against Hain Celestial over the marketing of its BluePrint high-pressure-processed (HPP) juices on the grounds that the plaintiff derailed his own case by submitting scientific papers to the court which contradicted his...
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...
Kellogg subsidiary Kashi has joined a growing list of big food companies that have agreed to stop using the term ‘all-natural’ to describe certain products in response to a tidal wave of civil litigation over the controversial term.
The FDA’s March 5 decision to re-open comments on its 2009 draft guidance on ‘evaporated cane juice’ (ECJ) may well kill off most ECJ-related lawsuits, or at least kick them into the long grass, say legal experts. But food and beverage firms should wait...
Another class action lawsuit taking issue with the food industry’s use of the phrase ‘evaporated cane juice’ (which plaintiffs argue is just plain old sugar and should be described as such) has been impacted by the FDA's decision to look again at...
A class action lawsuit accusing Coca-Cola subsidiary Odwalla of misleading consumers and misbranding its products by using the term ‘evaporated cane juice’ (ECJ) on labels has been put on ice by a California judge following the FDA's decision to...
A judge has refused to dismiss a class action lawsuit accusing General Mills of misleading consumers by marketing its Nature Valley products as ‘all-natural’ when they allegedly contain GMOs.
A high-profile class action lawsuit accusing Chobani of deceiving consumers with the term ‘evaporated cane juice’ on labels has finally been dismissed with prejudice (ie. the plaintiff can’t re-file and the case is officially closed).
Snack maker PopChips looks set to become the latest firm to stop using the term ‘all-natural’ to describe its products after agreeing to settle a lawsuit alleging it misled consumers by using the controversial term.
While the number of lawsuits filed against food and beverage manufacturers over ‘all-natural’ claims appeared to peak in 2012 and drop off again in 2013, it’s too early for the industry to start cracking open the champagne just yet, say legal experts.
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...
As a tidal wave of civil litigation over the use of the term ‘evaporated cane juice’ (ECJ) to describe dried cane syrup (aka sugar) continues to engulf the food industry, there has been good and bad news for some high-profile defendants this month.
Safeway has been hit with a proposed class action lawsuit alleging it misled consumers by describing its Open Nature Multi-Grain and Homestyle waffles as ‘100% natural’ because they contained the chemical additive sodium acid pyrophosphate (SAPP).
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.
A California resident has filed a proposed class action lawsuit against Chobani accusing it of negligence and breaching the implied warranty of merchantability for its yogurts following the recent mold outbreak.
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...
Nestlé Nutrition has reiterated its belief in the immune system-related benefits of its Gerber brand probiotic-enriched infant nutrition products, after a US District Judge threw out a lawsuit that branded its claims "misleading."
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?
Hershey, Mars and Nestlé USA have been allowed to scrutinize transaction data from two of their customers that could determine which type of customers have a valid claim for damages in an ongoing US lawsuit alleging that the companies conspired to fix...
A week after California judge Yvonne Gonzalez Rogers put a class action lawsuit (Cox vs Gruma Corp) on ice for six months to let the FDA determine whether GMOs belong in foods marketed as ‘natural’, a judge in Colorado has followed her lead in a similar...
Hershey will face a class action lawsuit alleging it misled consumers through antioxidant labeling claims after a US court refused to consider its protective order as part of an attempt to dismiss the case.
