Anisha Shenai-Khatkhate on Food Labeling

Advertising Class Action Trends in 2021

2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more

5/2/2022 / Advertising , Class Action , Dietary Supplements , False Advertising , Food Labeling , Food Marketing , Natural Products , Unfair or Deceptive Trade Practices

Let it “Bee”: Ninth Circuit Affirms Dismissal of Trader Joe’s Manuka Honey Advertising Suit

A Ninth Circuit panel recently affirmed dismissal of a putative consumer class action alleging Trader Joe’s misleadingly labeled its store brand honey as “100% New Zealand Manuka Honey,” where plaintiffs’ pollen content...more

8/10/2021 / Advertising , False Advertising , Food & Drug Regulations , Food Labeling , Food Manufacturers , Grocery Stores , Honeybees , Misleading Statements , Putative Class Actions , Retail Market , Trader Joes

The Legal “Pecking Order”: Ninth Circuit Finds Poultry Labeling Claims Preempted

In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more

7/15/2021 / Advertising , Food Labeling , Food Safety and Inspection Service (FSIS) , Nutritional Supplements , Poultry Products Inspection Act (PPIA). , Preemption , Product Labels , Putative Class Actions , Trader Joes

Ninth Circuit Claws Back “Krab Mix” Class Action Dismissal

A split Ninth Circuit panel recently reversed the dismissal of claims against P.F. Chang’s regarding the chain’s use of the term “krab mix” in the ingredients list for certain sushi rolls. Kang v. P.F. Chang’s China Bistro,...more

3/3/2021 / Advertising , Class Action , Dismissals , Food Labeling , Food Marketing , Unfair or Deceptive Trade Practices

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

1/29/2021 / Advertising , Beverage Manufacturers , Consumer Product Companies , Coronavirus/COVID-19 , Dietary Supplements , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Health Claims , Labeling , Marketing , NAD , NARB , Personal Care Products

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

1/28/2021 / Advertising , Beverage Manufacturers , Consumer Product Companies , Coronavirus/COVID-19 , Dietary Supplements , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Health Claims , Labeling , Marketing , NAD , NARB , Personal Care Products

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

1/13/2021 / Advertising , Appeals , Appellate Courts , Class Action , Counterfeiting , Disgorgement , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Lanham Act , Marketing , Product Labels , Romag Fasteners v Fossil , Unfair or Deceptive Trade Practices

Judges Toss Plain “Vanilla” Deceptive Labeling Claims

The beverage industry came out on top in a pair of recently dismissed lawsuits alleging the use of the term “vanilla” on drink labels was misleading, where the vanilla flavor allegedly did not come exclusively from the...more

1/11/2021 / Beverage Manufacturers , Class Action , Corporate Counsel , False Advertising , Food Labeling , Food Marketing , Product Labels , Unfair or Deceptive Trade Practices

Seventh Circuit Sides with Plaintiffs in Appeal of “100% Grated Parmesan Cheese” Claims

The Seventh Circuit recently reversed a district court’s dismissal of a class action false advertising complaint, holding that an ingredient list’s disclosure of components other than parmesan cheese did not foreclose the...more

1/7/2021 / Advertising , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Unfair or Deceptive Trade Practices

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

12/2/2020 / All Natural , Amended Complaints , Beverage Manufacturers , Corporate Counsel , Federal Rule 12(b)(6) , Food and Drug Administration (FDA) , Food Labeling , Marketing , Putative Class Actions , Unfair or Deceptive Trade Practices

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

10/14/2020 / Advertising , Corporate Counsel , False Advertising , Food Labeling , Food Manufacturers , Motion to Dismiss , Putative Class Actions , Unfair or Deceptive Trade Practices , Unjust Enrichment

Court Decides Motion to Dismiss Crystal Light “No Artificial Flavors” Labeling Suit Lacks Juice

Last month, Judge Dale S. Fischer of the U.S. District Court for the Central District of California denied Kraft Heinz’s motion to dismiss a putative nationwide class action alleging Kraft falsely advertised its “Crystal...more

8/27/2020 / False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Motion to Dismiss , Putative Class Actions , Unfair or Deceptive Trade Practices

A Legen-dairy Victory: Ben & Jerry’s Wins “Happy Cows” False Advertising Lawsuit

Earlier this summer, the District Court of Vermont dismissed a false advertising lawsuit alleging that Ben & Jerry’s claims that it sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading....more

7/23/2020 / Advertising , Ben & Jerry's , Class Action , Dismissals , Express Warranty , False Advertising , Food Labeling , Food Manufacturers , Material Misrepresentation , Unfair or Deceptive Trade Practices , Unjust Enrichment

No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal of Almond Milk Labeling Suit

On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term “almond milk” on Blue Diamond’s beverages...more

1/14/2019 / Beverage Manufacturers , Dismissals , False Advertising , Federal Food Drug and Cosmetic Act (FFDCA) , Food Labeling , Jury Trial , Preemption , Putative Class Actions

Anisha Shenai-Khatkhate

Proskauer Rose LLP

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