News & Analysis as of

Food Manufacturers False Advertising Food Labeling

Morgan Lewis - Well Done

New Texas Legislation on Color Additives – Takeaways for Industry

As we have previously discussed, state and federal government authorities are turning their attention toward artificial coloring in foods. Most recently, Texas Governor Greg Abbott signed into law SB 25 targeting the sale of...more

Alston & Bird

For Your Consumption | July 2025: Getting the Lead Out

Alston & Bird on

In the July edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, maltodextrin gets shucked, ghee provides...more

Perkins Coie

Notable Ruling Roundup - July 2025

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Mete Karabas v. TC Heartland LLC, No.1:24-cv-02722-AMD-VMS (E.D.N.Y. – March 11, 2025): The U.S....more

Baker Donelson

How Food and Beverage Manufacturers Can Minimize their Exposure to the Wave of Citric Acid Based Lawsuits

Baker Donelson on

A recent wave of consumer class action lawsuits is targeting food and beverage makers that use "all natural," "no preservatives," or similar labels on their products. One common group of targeted products are those which...more

Cozen O'Connor

General Mills Agrees to Stop Using Artificial Dyes After Texas AG’s Biting Investigation

Cozen O'Connor on

Texas AG Ken Paxton announced that General Mills, Inc. has agreed to remove artificial dyes from its products to resolve an investigation into the company’s alleged misrepresentations about the health of its products in...more

Alston & Bird

For Your Consumption | June 2025: Making Light Work of Heavy Metal Claims

Alston & Bird on

In the June edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, black mold is not gold, cane sugar is not a...more

Perkins Coie

Notable Ruling Roundup - June 2025 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - June 2025

The Presidential Commission to Make America Healthy Again (MAHA) has released its assessment identifying key drivers of childhood chronic disease, including poor diet and aggregation of environmental chemicals. The report...more

Freiberger Haber LLP

Licorice Sticks and New York’s General Business Law

Freiberger Haber LLP on

In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General...more

Perkins Coie

Notable Ruling Roundup - May 2025

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Chelsea Garland, et al. v. The Kroger Co., No. 3:24-cv-00240-LL-JLB (S.D. Cal. – February 12,...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - April 2025

The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more

Venable LLP

Healthy or Not? FDA Explains New Standards in Latest Webinar

Venable LLP on

On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more

Cozen O'Connor

Texas AG Has No Taste for Kellogg’s Alleged Misrepresentations about Artificial Dyes

Cozen O'Connor on

Texas AG Ken Paxton has opened an investigation into WK Kellogg Co. in connection with allegations that the company misrepresented whether its products contained artificial dyes and preservatives in violation of state...more

Alston & Bird

For Your Consumption – March 2025: Always Reading the Tea Leaves

Alston & Bird on

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal...more

Fox Rothschild LLP

Healthy Or Not? The FDA’s New Rule Redefines What “Healthy” Means On Food Labels

Fox Rothschild LLP on

The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary...more

Perkins Coie

Notable Ruling Roundup - December 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Robert Greer, et al. v. Strange Honey Farm, LLC, et al., No. 23-5589 (6th Cir. 2024): The U.S....more

Perkins Coie

Notable Ruling Roundup - September 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Climbing Kites LLC, et al. v. State of Iowa, et al., No. 24-cv-00202 (S.D. Iowa July 2, 2024):...more

Shook, Hardy & Bacon L.L.P.

Consumer Alleges Whole Grain Saltine Crackers Mislead Consumers - Food and Beverage Litigation and Regulatory Update

A New York woman has filed a putative class action alleging Mondelez Global LLC's Nabisco Whole Grain Premium Saltine Crackers' “whole grain” labeling is misleading because the main flour ingredient is non-whole grain...more

Perkins Coie

Notable Ruling Roundup - July 2024 #3

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Carolyn Winans v. Ornua Foods North America Inc., No. 2:23-cv-01198-FB-RML (E.D.N.Y. – April 23,...more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

Perkins Coie

Notable Ruling Roundup - July 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....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

Epstein Becker & Green on

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

Perkins Coie

Notable Ruling Roundup - May 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

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