News & Analysis as of

False Advertising Food Marketing Class Action

Shook, Hardy & Bacon L.L.P.

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

Morrison & Foerster LLP - Class Dismissed

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

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

Alston & Bird

Food & Beverage Digest – March 2024: We Preserve the Flavor

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In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more

Davis Wright Tremaine LLP

9th Circuit Revives BOOST Glucose Control False Advertising Lawsuit

On December 13, 2023, a three-judge panel of the Ninth Circuit overturned the District Court's dismissal of Nestle Healthcare Nutrition Inc.'s consumer false advertising claims and remanded the case to the District Court for...more

Alston & Bird

Food & Beverage Digest – October 2023: Clarifying Quality and Quantity

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In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - October 2023

Setting Its Sights on Eye Health Supplement, NAD Finds Health Claims Insufficiently Supported Despite Peer-Reviewed Evidence - The National Advertising Division (NAD) recommended that an eye health supplement maker,...more

Alston & Bird

Food & Beverage Digest – September 2023: Clarifying Quality and Quantity

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In the September edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a surprise amicus brief isn’t so friendly, 210 seconds...more

Alston & Bird

Food & Beverage Digest – July 2023: Sold By Weight, Not Volume

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In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more

Alston & Bird

Food & Beverage Digest – June 2023: Class Actions From Soup to Nuts

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In the June edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, no one knows how to spell chili/chile, lemon-flavored cookies...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #4

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Sarah Vitort v. Kroger Co., et al., No. 22-35185 (9th Cir. – April 28, 2023): The U.S. Court...more

Alston & Bird

Food & Beverage Digest – May 2023: Entering Motions With Eyes Wide Open

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In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff steals our bit, too much information makes the...more

Alston & Bird

Food & Beverage Digest – April 2023: we’ll always have Paris – and class actions

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In the April edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a nutrition shake does a gut (barrier) check, a craft rum...more

Shook, Hardy & Bacon L.L.P.

Court Dismisses Claims that Instant Noodles’ ‘No Added MSG’ Claim Misled Consumers

A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more

Shook, Hardy & Bacon L.L.P.

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Alston & Bird

Food & Beverage Digest – December 2022

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In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, pop goes the Indiana popcorn, granola complicates...more

Alston & Bird

Food & Beverage Digest – November 2022: Home of Minty Fresh Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, kombucha creates a buzz, some purported smoked cheese...more

Alston & Bird

Food & Beverage Digest – October 2022: bringing the spiciest class actions

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In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, children are reasonable consumers, that’s right – a hot...more

Alston & Bird

Food & Beverage Digest – September 2022: translated from the Greek to us

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, feta is a GOAT’s cheese and laws...more

Alston & Bird

Food & Beverage Digest - July 2022

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In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one plaintiff is not tolerant of dairy-free coffee creamer,...more

Alston & Bird

Food & Beverage Digest – June 2022

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In the June edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff wonders where the rum’s gone, if it’s not...more

Alston & Bird

Food & Beverage Digest – May 2022

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In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more

BakerHostetler

AD-ttorneys@law - May 2022

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NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

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