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Food Manufacturers Misleading Statements False Advertising

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

IMS Legal Strategies on

This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...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

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

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 10

Turns Out That Goldfish "No Artificial Flavors or Preservatives" Claim Was a Red Herring, New York Federal Court Says - A federal court in the Southern District of New York found that Veronika Ward, the plaintiff in a...more

Ervin Cohen & Jessup LLP

Ninth Circuit Finds Protein False Labeling Cases Are Preempted

On August 14, 2023, a panel of judges for the United State Court of Appeals for the Ninth Circuit issued a published opinion affirming dismissal of two complaints alleging that food product labels advertising the amount of...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

Proskauer - Advertising Law

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

Proskauer - Advertising Law

Second Circuit Affirms Dismissal of Truffle Kerfuffle

Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs’ complaint alleging that Monini falsely advertised its...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Morrison & Foerster LLP - Class Dismissed

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain...more

Proskauer - Advertising Law

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as a class action, alleging that KIND falsely marketed its products as “all...more

Troutman Pepper Locke

Not So Sweet: The Debate Over Evaporated Cane Juice

Troutman Pepper Locke on

FDA’s final guidance expresses its view that the phrase “evaporated cane juice” is false and misleading. “Evaporated cane juice” has become a popular ingredient in everything from yogurt to cookies, attracting consumers...more

Dorsey & Whitney LLP

Chobani Yogurt Ad Campaign Enjoined – A Healthy Result for Yoplait and Dannon

Dorsey & Whitney LLP on

When I opened up a newspaper a few weeks ago and saw an ad by Chobani for its Simply 100 Greek Yogurt, my first thought was, “that’s going to provoke a false advertising dispute.” Here’s what Chobani said about its competitor...more

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