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New Filings for July 28, 2015

Cavanagh v. Kind, LLC, No. 1:15-cv-04064 (S.D.N.Y.): Plaintiff claims Defendant falsely labels its KIND bars as being “healthy” and made with “All Natural” ingredients, when in fact they contain synthetic ingredients including soy lecithin, soy protein isolate, and palm kernel oil. On behalf of putative a nationwide class and California subclass, Plaintiff asserts claims for … Continue Reading

FDA Sharpens Focus on Added Sugar

About 17 months after announcing a proposed rule that would require listing the amount of “Added Sugar” in food products in the Nutrition Facts label, the FDA has proposed an amended rule that would also require listing the percentage daily value for added sugar. Following consumer research and the issuance of additional scientific evidence establishing … Continue Reading

New Filings for July 24, 2015

Osborne v. Kraft Foods Group Inc., No. 3:15-cv-02653-JCS (N.D. Cal.): On behalf of a class of California consumers, Plaintiff alleges Defendant deceptively labels its “Capri Sun 100% Juice” products as “All Natural” when they contain unnatural, synthetic, artificial, and/or genetically-modified ingredients, including citric acid and “Natural Flavor.”  Plaintiff asserts claims for violation of various California … Continue Reading

New Filings for July 9, 2015

Campbell v. Chiquita Brands Inc., No.15cv2860 (C.D. Cal.): Putative class action alleging violations of California’s CLRA and UCL, as well as claims for common law fraud by concealment and unjust enrichment based on allegations that Defendant promoted and sold its bananas “as though all of them are farmed in an ecologically friendly and otherwise sustainable … Continue Reading

New Filings for June 17, 2015

Marentette v. Abbott Laboratories, Inc., No. 15-cv-2837 (E.D.N.Y.): Putative class action alleging that Similac and Advance Organic Infant Formulas allege that Abbott misleadingly markets the formulas as “organic” when in fact the formulas contain “a spectacular array and substantial amount of ingredients prohibited in organic foods.” Complaint. O’Brien v. Kind, LLC, No. 1:15-cv-3699 (S.D.N.Y.): Putative … Continue Reading

Perkins Food Lawyers Provide a Consumer Protection Law Update to the ABA

Seattle Partner Jason Howell, Co-Chair of the firm’s Advertising, Marketing & Promotions group, together with Chicago Partner Jeanne Cullen and San Francisco Senior Counsel Joren Ayala-Bass, recently gave a Consumer Protection Law Update to ABA Consumer Protection Committee members.  The May 12 webinar on truth-in-advertising and consumer protection issues drew attendees from around the country, … Continue Reading

New Filings for May 18, 2015

Torrent v. Ollivier et al, No. 2:15-cv-02511 (C.D. Cal.): On behalf of a statewide class of California consumers, Plaintiff alleges that Defendants falsely advertise their Himalania brand goji berries, creating the impression that the goji berries are harvested in and transported from the Himalayas mountain range, when in fact they are harvested in the Ningxia … Continue Reading

Food Law + E-Commerce: Safety, Price and Other Top Issues for Online Food Retailers

In our previous look at the top concerns of online food retailers, we discussed the importance of identifying your role in the industry and key labeling issues. Applying the brick-and mortar food laws and rules to online businesses presents the cutting edge of food law and often requires the exercise of judgment to effectuate the … Continue Reading

New Filings for May 4, 2015

Charles v. The Wine Group, Inc., No. BC576061 (Cal. Super. Ct.): Putative class action alleging violations of California’s CLRA, as well as unfair business practices, misleading and deceptive advertising, unjust enrichment, breach of implied warranty and negligent misrepresentation based on the claim that Defendants’ wines contain inorganic arsenic in that levels that are not reasonably … Continue Reading

State AGs Call for Investigation of the Supplement Industry

On April 2, 2014, 14 state Attorneys General wrote to Congress calling for an investigation of the supplement industry, including issues of labelling, authenticity and purity. The AG’s letter (linked here along with a press release from New York Attorney General Schneiderman) called for an investigation into “potential false or deceptive labelling” and whether the … Continue Reading

New Filings for April 2, 2015

Hun and Paul v. Kashi Co., No. 1:15-cv-01391 (E.D.N.Y.): Putative class action alleging breach of express warranty, unjust enrichment and violations of New York’s GBL for deceptive acts and false advertising and New Jersey’s TCCWNA based on claims that Defendant packaged, marketed, distributed and sold products labeled “All Natural” or “Nothing Artificial” when the products … Continue Reading

Summary Judgment For Defendants In Juice False Advertising Suit

Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D. Cal.): A federal judge has granted defendant’s motion for summary judgment and denied as moot the plaintiff’s motion for class certification in this putative class action alleging violations of California consumer protection laws and federal false advertising laws based upon claims that defendant’s “100% Juice” labels … Continue Reading

New Filings for March 16, 2015

Harlam v. Blue Diamond Growers, No. 1:15-cv-877 (E.D.N.Y.): Putative class action alleging defendant deceptively labels its Almond Breeze Almond Milk as “All Natural,” when in fact it contains synthetic and artificial ingredients and preservatives. Snyder v. Knudson & Sons Inc., No. 3:15cv00189 (M.D. Fla.): On behalf of a putative statewide class, plaintiff asserts claims under … Continue Reading

Court Changes Dismissal to Stay in “Evaporated Cane Juice” Case

Swearigen v. Attune Foods, Inc., No. C 13-4541 SBA (N.D. Cal.): Plaintiffs claim Defendant’s products are misleadingly labeled because they list “evaporated cane juice” as an ingredient instead of sugar. Based on the FDA’s March 5, 2014 announcement that it was actively reviewing its position on use of the phrase “evaporated cane juice,” the Court … Continue Reading

Olive Oil False Labeling Suit Survives Dismissal

Kumar v. Salov North America Corp., No. 14-CV-2411-YGR (N.D. Cal.): A federal judge in California allowed most of a putative false labeling class action against Salov, the maker of Filippo Berio brand olive oil, to survive dismissal. Claiming violations of various California consumer protection statutes, common law fraud and deceit, breach of contract, and breach … Continue Reading

New Filings for February 20, 2015

Frei v. Vans International Foods, Inc., No. 15-cv-00209-KLM (D. Colo.): On behalf of a putative national class, Plaintiff claims Defendant’s waffle products are deceptively labeled as “totally natural” or “100% natural” but actually contain synthetic ingredients. The complaint asserts claims for violations of various California consumer protection statutes and breach of warranty. Complaint. Davis v. … Continue Reading

New Filings for February 13, 2015

Tsan v. Seventh Generation Inc., No. 3:15-cv-00205 (N.D. Cal.): Putative class action alleging that Defendant deceptively markets its cleaning supplies and paper products as “all natural” when in fact they contain chemicals and synthetic ingredients. Complaint. Mladenov v. Whole Foods Inc., No. 15cv0382 (D.N.J.): Putative class action alleging that Whole Foods falsely marketed and advertised … Continue Reading

D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful

POM Wonderful, LLC v. Federal Trade Commission, No. 13-1060 (D.C. Cir.): The D.C. Circuit Court of Appeals recently affirmed a Federal Trade Commission ruling that POM Wonderful used deceptive, unsubstantiated claims in advertising the health benefits of its pomegranate products. In a 2013 administrative ruling, the FTC found that POM made deceptive claims in ads … Continue Reading