A consumer has filed a putative class action alleging that Kerry Inc.’s Oregon Chai products contain too much sugar to be labeled “slightly sweet.” Brown v. Kerry Inc., No. 20-9730 (S.D.N.Y., filed November 18, 2020). The complaint argues that the product’s “most prominent claim, ‘Slightly Sweet,’ is an unlawful nutrient content claim that makes an ‘absolute’ or ‘low’ claim about the amount of sugar it contains.” The product contains 11 grams of sugar and lists “organic dried cane sugar syrup” as the second ingredient on the ingredient list, and the complaint argues that the addition of milk or milk substitute as instructed by the packaging would result in a total of 20 grams of sugar per serving. The plaintiff alleges negligent misrepresentation, fraud and unjust enrichment along with violations of the Magnuson-Moss Warranty Act and New York’s consumer-protection statutes.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.