A Florida consumer has filed a proposed class action against biscotti maker Nonni’s Foods LLC, alleging the company misleads consumers as to how much lemon the company’s limone-flavored biscotti contains. Goldstein v. Nonni’s Foods LLC, No. 22-81462 (S.D. Fla., filed September 21, 2022). The plaintiff's suit specifically targets representations on the product's label including “Limone (Lemon) Biscotti,” “Made with Real Sugar, Butter and Lemon Zest Oil,” “Real Ingredients” and “No Artificial Flavors.” She also notes images of lemon rind and peel on the product’s packaging. “The representations are false, deceptive, and misleading, because the Product contains a de minimis amount of lemon,” the plaintiff alleges. She asserts the company was required to provide a designation on the product's packaging that the product’s lemon taste is not from lemons, but from non-lemon sources, but failed to do so. The plaintiff’s claims include allegations of fraud, negligent misrepresentation, unjust enrichment, as well…
Tag Archives flavoring
A New York federal court has dismissed allegations that Aldi Inc. misled consumers about the contents of its vanilla almond milk product. Parham v. Aldi Inc., No. 19-8975 (S.D.N.Y., entered September 21, 2021). The complaint asserted that the almond milk contained a "comparatively high level of vanillin" and "'a trace or de minimus' amount of vanilla," allegedly misleading consumers as to the primary flavoring agent of the product. A magistrate judge provided the court with a recommendation, noting that a "reasonable consumer would understand that the word ‘vanilla’ on the front of the carton describes how the Product tastes, not what it contains, especially in circumstances where the ingredients listed on the Product container do not mention vanilla at all." Further, the magistrate stated, "Five other courts in this district have recently addressed nearly identical arguments regarding other vanilla-flavored products. All five courts rejected claims that the labeling of vanilla-flavored products was…
A plaintiff has filed a putative class action alleging that Whole Foods Market Group Inc. misleads consumers by selling sparkling mineral water in a lemon raspberry flavor without an "appreciable amount" of lemons and raspberries. Kelly v. Whole Foods Mkt. Grp. Inc., No. 21-3124 (S.D.N.Y., filed April 11, 2021). The label of the water contains images of lemons and raspberries, the complaint asserts, and consumers "will expect the presence of a non-de minimis amount of lemon and raspberry ingredients, based on the pictures of these fruits." The plaintiff argues that the ingredient list, which shows the contents as "carbonated mineral water, organic natural flavors (raspberry, lemon)," fails to inform consumers the flavoring "mainly consists of flavors from fruits other than lemons and raspberries." "Because lemon oil and raspberry oil or raspberry extract are not separately identified ingredients, it means that any real lemon or raspberry flavoring is at most a de minimis…
The European Food Safety Authority has issued scientific guidance on the inclusion of smoke flavoring in food products. The guidance includes notes on the characterization of the flavoring, proposed uses, exposure assessments and safety data. Smoke flavoring has increasingly been a target of putative class actions in the United States, including lawsuits targeting smoked gouda and smoked provolone.
