Category: Food Labeling

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Court Cuts Back Claims In Great Pomegranate Dispute

By Guest Blogger Jay Eckhardt In a dispute over product labeling and marketing, the Coca-Cola Company avoids liability as a result of its careful compliance with FDA rules.  (Also, see Rick’s post from last week, regarding Coca-Cola’s victory in a dispute over its original formula label found on Coke® Classic.)  But pomegranate champion POM Wonderful can still pursue a Lanham Act  deceptive advertising claim against the company. On May 5 the U.S. District … Continue Reading

“Always Coca-Cola”? Who Knows?

On April 27, the U.S. District Court for the Southern District of Illinois dismissed the case of Kremers v. Coca-Cola Company. The case involved another of these ubiquitous claims where someone is suing saying they were fooled by labeling on a product. Unfortunately, the case was dismissed on grounds that indicate we might never really know the … Continue Reading

Froot Loops Litigation: An Endless Loop for Kellogg’s?

Just over forty years ago, Crosby, Stills, Nash & Young came out with their Déja Vu album. Attorneys at Kellogg USA are undoubtedly thinking, “We have all been here before.”  Froot Loops pre-dated Crosby, Stills, Nash & Young.  I remember taking the Kellogg’s factory tour in Battle Creek and being handed an individual-sized packet at the end … Continue Reading

Media Headlines and Food Labels Each Might Be Misleading (Film at 11)

A recent headline in the Huffington Post breathlessly importuned:   "Restaurant Food Has Up to 200% More Calories Than Advertised."  If you only read the headline, you might think this was some important information that might change your eating habits.  If you read the article, you would discover a balanced set of conclusions from a fairly limited study. … Continue Reading

Another High-Profile California Labeling Case

Center for Science in the Public Interest (CSPI) recently filed a putative class action in federal court in the Northern District of California claiming that Glacéau’s VitaminWater is mislabeled under California law. This suit comes on the heels of the recent Ninth Circuit decision that remanded the Gerber foods case. We previously discussed the Gerber … Continue Reading

Salmon Labeling Probably Headed to Supreme Court

The U.S. Supreme Court  signaled last week that it may review a California Supreme Court decision finding that federal law does not preempt claims for violations of state consumer protection laws concerning “selling artificially colored farmed salmon without disclosing to . . . customers the use of color additive.” Following a petition for certiorari filed … Continue Reading
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