Three consumers have filed a putative class action against alternative-meat manufacturer Beyond Meat, Inc., alleging the company misled consumers as to the amount of protein in its products. Garcia v. Beyond Meat, Inc., No. 22-297 (S.D. Iowa, filed on September 9, 2022). The plaintiffs—who live in Colorado, Iowa and Florida—allege they relied on representations regarding the percent daily value of protein in the products, as well as labeling stating the amount of protein contained in the products. They assert that Beyond Meat products’ stated protein amount and percent daily value claims are false and misleading, and that they chose to pay a premium price for the product based on the company’s representations. “Simply put, Defendant’s protein amount and/or protein DV% for the Products are a farce,” the plaintiffs assert in the complaint. “Defendant knowingly prepared the material on their website and product labels to misrepresent the true protein amount and/or…
Category Archives Issue
A federal court has dismissed a proposed class action claiming Kellogg misled consumers into believing their "veggie" MorningStar Farms products were exclusively or mostly made with vegetables. Kennard v. Kellogg Sales Co., No. 21-7211 (N.D. Cal., entered September 14, 2022). The plaintiff in the suit alleged Kellogg misleadingly and illegally labels MorningStar Farms "veggie" products, in violation of California's Consumer Legal Remedies Act, California's false advertising law and California's unfair competition law. She contended that reasonable consumers understand the term "veggie" to mean that products are made primarily of vegetables and alleged Kellogg's use of the term "veggie" is false or misleading because the ingredients are not primarily vegetables. The court disagreed, finding the allegations "are implausible and do not support a reasonable inference that some significant portion of consumers would be misled into thinking the VEGGIE products are made primarily of vegetables as opposed to being vegetarian meat substitutes…
An Illinois man has sued 7-Eleven, alleging the convenience store chain’s private-label spicy jalapeno-flavored jumbo peanuts misled consumers as to whether they were naturally flavored. Wilim v. 7-Eleven, Inc., No. 22-4886 (N.D. Ill., filed September 9, 2022). The plaintiff said in the suit that he read “Flavored Jumbo Peanuts — Spicy Jalapeño” on the packaging of the 7-Select brand jumbo peanuts and saw pictures of the two jalapeños and jalapeño slices on the packaging and believed the product got its flavor from jalapeños. He accuses 7-Eleven of misrepresenting the flavoring as natural when it is derived instead from artificial flavoring. “Plaintiff is part of the majority of consumers who avoid artificial flavors, based on their beliefs that foods with artificial flavor are less healthy than those without them,” the plaintiff said in the complaint. “Plaintiff did not expect the jalapeño taste was from artificial jalapeño flavoring because, in his experience, this…
A California woman has filed a proposed class action claiming that Gerber Products Co. made improper nutrient claims on its labeling of baby and toddler food products. Howard v. Gerber Products Company, No. 22-4779 (N.D. Cal., filed August 19, 2022). The plaintiff alleges that Gerber makes nutrient content claims on product packaging that are prohibited by the U.S. Food and Drug Administration. “Moreover, the nutrient content claims on Defendant’s products mislead purchasers into believing that the products provide physical health benefits for children under two years of age in order to induce parents into purchasing Defendant’s products,” the plaintiff asserts in the complaint. “In fact, the Products are harmful both nutritionally and developmentally for children under two.” The plaintiff highlighted the use of labeling indicating protein content of products, as well as the use of the words “nutritious” and “wonderfoods,” and asserts that some of Gerber’s products contain high amounts…
A kosher certification organization has filed a lawsuit alleging International Food Products Inc., which does business as Sabra Foods, misleads consumers as to whether its hummus products are kosher. Rabbinical Council of Mass. v. Int'l Food Products, Inc., No. 22-11460 (D. Mass., Boston Div., filed September 9, 2022). The Rabbinical Council of Massachusetts, or KVH Kosher, previously certified Sabra as kosher but revoked its license in 2016 for "non-payment of fees, for adding new ingredients to their products without informing KVH, and for failing to take corrective actions in a timely manner as required by KVH." In addition to trademark allegations, KVH asserts that Sabra's continued use of the mark harms consumers who eat kosher. "KVH’s Mark on Sabra’s products caused a reasonable consumer to believe the products sold by Sabra with KVH’s mark are kosher, kosher for Passover or pareve, or prepared in accordance with orthodox Jewish religious standards," the…
The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft guidelines for controlling E. coli in raw beef, fresh leafy vegetables, raw milk, raw cheese and sprouts as well as draft guidelines for the safe use and reuse of water in food production. The meeting is scheduled for October 27, 2022.
A study led by researchers at the American Cancer Society has purportedly found that people who drank two or more servings of sugar-sweetened beverages (SSBs) per day had a 5% higher risk of death from particular types of cancer than people who never drank SSBs. Marjorie L. McCullough et al., "Sugar- and Artificially-Sweetened Beverages and Cancer Mortality in a Large U.S. Prospective Cohort," Cancer Epidemiology, Biomarkers & Prevention, September 15, 2022. The research began in 1982 with 934,777 cancer-free participants, and by 2016, 135,093 participants had died from cancer. The researchers purport to have found an increased risk of death from colorectal and kidney cancers in participants who reported drinking two or more SSBs each day. The study also asserts that it found an association between artificially sweetened beverage consumption and increased risk of pancreatic cancer.
An Illinois federal court has granted a partial motion to dismiss a putative class action alleging that Kashi Sales L.L.C. misled consumers by making the flavoring of "Ripe Strawberry" cereal bars with pear juice concentrate and apple powder. Johnston v. Kashi Sales L.L.C., No. 21-0441 (S.D. Ill., entered September 8, 2022). The plaintiff alleged that she "expected the filling would contain more strawberry ingredients than other fruit ingredients, but did not expect that the 'filling would contain more pears and apples compared to strawberries.'” The court first disposed of the plaintiff's request for injunctive relief, finding that she did not have standing because she is aware of the allegedly deceptive sales practices. The court discussed a number of decisions centered on similar issues and compared their outcomes. "Like the deceptive advertising cases that survive dismissal—where the words in defendants’ labels were subject to different plausible interpretations—the phrase 'Ripe Strawberry' is…
An Illinois consumer has filed a putative class action against Kellogg Sales Co., alleging it misrepresented the amount of whole grains its Harvest Wheat Toasteds crackers contain. Moore v. Kellogg Sales Co., No. 22-03172 (C.D. Ill., filed September 5, 2022). The plaintiff asserts in the complaint that consumers want to consume more whole grains, but their efforts to do so are stymied by confusing product labels. “One food and nutrition professor stated, ‘Even people with advanced degrees cannot figure out how much whole grain’ is in products represented to consumers as whole grain,” the plaintiff said in the complaint. She asserted that despite the labeling of the crackers at issue as “Harvest Wheat,” and the product’s appearance of having a dark brown color and visible pieces of grains, it “contains a negligible absolute and relative amount of whole grains compared to refined grains.” The plaintiff alleged that the value of the…
The U.K. Advertising Standards Authority (ASA) has not upheld complaints against Heineken UK Ltd. arguing that the company’s underground and Reddit advertisements particularly appealed to those under the age of 18. ASA received complaints about two ads, including a poster ad at Paddington underground station and a paid-for ad on Reddit. The ads included computer-generated images of people holding a can of Heineken beer. Complainants asserted that they are likely to appeal particularly to those under 18, in violation of CAP Code 18.14. ASA noted that the characters in the ads had been created specifically for Heineken's ad campaign and were not based on any existing characters. Additionally, ASA concluded that neither characters were shown engaging in any activity that would particularly appeal to those under 18. "Both were depicted wearing stylised clothing, and the female character’s armour-like clothing and stylised hair, in particular, were reminiscent of the sort of…
