A consumer has filed a proposed class action against Whole Foods
Market Group Inc. alleging that the company’s Gluten Free All-Natural
Nutmeal Raisin Cookies list evaporated cane juice (ECJ) as an ingredient
to mislead consumers about the amount of sugar contained in the
product. Bryant v. Whole Foods Mkt. Grp. Inc., No. 15-1001 (E.D. Mo.,
removed to federal court June 25, 2015). The complaint, originally filed
in Missouri state court in April, asserts that ECJ should be listed as sugar
under the U.S. Food and Drug Administration’s (FDA’s) rule that food
labels use the most common or usual name of an ingredient. According
to the April complaint, the plaintiff seeks class certification and damages.
The lawsuit joins a wave of litigation against food manufacturers
presenting the same argument. Several courts have dismissed the cases
without prejudice or granted stays after FDA indicated that it would
publish updated guidance about ECJ. Additional details appear in Issue
554 of this Update.

 

Issue 571

About The Author

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.

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