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All Natural

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

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Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Holland & Knight LLP

What Is "Natural?"

Holland & Knight LLP on

When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #5

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Makiko Fukaya v. Daiso California LLC et al., No. 3:23-cv-00099-JSC (N.D. Cal. – May 11, 2023):...more

Kilpatrick

Malic Acid Malady: Defendants Prevail in Consumer Class Actions Challenging “100% Natural” and “Natural Flavor” Beverage Labels

Kilpatrick on

Takeaway:  In a pair of putative class actions, plaintiffs challenged Fanta’s “Piña Colada” soda’s “100% Natural Flavors” claim and a MiO flavored drink concentrate’s claims of containing Mango and Peach “natural flavor with...more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

Holland & Knight LLP on

Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - January 2023

LEGISLATION, REGULATIONS & STANDARDS - Omnibus Spending Bill Includes Congressional Notes to FDA - President Biden has signed a spending bill that includes additional funding for the U.S. Food and Drug Administration (FDA)...more

Shook, Hardy & Bacon L.L.P.

Grillo's Sues Wahlburgers for Preservative Claims

Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more

Bilzin Sumberg

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

Bilzin Sumberg on

In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more

Perkins Coie

Sugar by Any Other Name: Plaintiff’s Recent Challenge to “Dehydrated Cane Juice Solids” Fails

Perkins Coie on

Health-conscious consumers continue to challenge the sugar content in foods, including sugar appearing in other forms, such as “dehydrated cane juice solids.” But as one recent case shows, calling sugar by another name is not...more

Proskauer - Advertising Law

Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit

In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more

Foley & Lardner LLP

New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims

Foley & Lardner LLP on

When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?...more

Proskauer - Advertising Law

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2020 #3

Schumer Urges USDA To Delay Hemp Rule - U.S. Sen. Chuck Schumer (D-N.Y.) has called on the U.S. Department of Agriculture (USDA) to “delay the issuance of a U.S. Domestic Hemp Production Program final rule until 2022 and...more

Perkins Coie

PC Food Litigation Index: Q2 2020

Perkins Coie on

The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19...more

Womble Bond Dickinson

Manufacturers of “All Natural” Products Face Mounting Litigation

Womble Bond Dickinson on

Lawsuits against Tom’s of Maine (Tom’s) and Colgate-Palmolive Co. (Colgate), the parent company of Tom’s, have made news of late and raise concerns over representations about “natural” products on package labeling. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Proskauer - Advertising Law

Hershey Kisses Chocolate Mislabeling Suit Goodbye

A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113...more

Alston & Bird

Food & Beverage Digest – November 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cannabidiol...more

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

King & Spalding on

Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more

Alston & Bird

Food & Beverage Digest – September 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases buzzing...more

Perkins Coie

PC Food Litigation Index: August 2019

Perkins Coie on

As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more

Faegre Drinker Biddle & Reath LLP

There Are Two Sides to Every Product Label

As we have reported in our previous blog posts (“Beware the “Influencer”” and “The Price of Natural Cosmetics”), courts continue to wrestle with challenges to manufacturers’ claims that their products are “all natural.”...more

Perkins Coie

Industry Insights: Putting “Pure” Claims in Context

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In recent years, we have tracked numerous cases that claimed food products marketed as “pure” did not have the marketed levels of purity. From water to cheese to honey products, “pure” claims have led to challenges in federal...more

Morrison & Foerster LLP - Class Dismissed

“Natural” Complaint Barks Up the Wrong Tree

A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of...more

Perkins Coie

PC Food Litigation Index: April 2019

Perkins Coie on

With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more

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