A consumer has filed a putative class action alleging that Panera Bread Co., or St. Louis Bread Co., markets its products as "100% clean" but sells products with ingredients "that are artificial, chemical, and/or synthetic preservatives, sweeteners, flavors, and colors." Sally v. Panera Bread Co., No. 20-1068 (St. Louis Cir. Ct., filed August 13, 2020). The complaint asserts that multiple products contain preservatives, including ascorbic acid, citric acid, potassium sorbate and tocopherols. "[A] preservative as defined by the FDA is a substance that 'tends' to prevent or retard the deterioration of foods," the complaint states. "Thus, it is not necessary that it function as a preservative in every single instance for it to qualify as a preservative according to the FDA's definition, so long as this is its general tendency." The plaintiff seeks class certification, refunds, injunctive relief, punitive damages, attorney's fees and costs for an alleged violation of the Missouri…
Tag Archives Missouri
A Missouri state senator has introduced a bill that would deem product containers not misleading for including some slack fill if they meet one of fifteen criteria. The criteria that would allow a container to be "filled to less than its capacity" include (i) for protection of the contents; (ii) compliance with reasonable industry standards; (iii) settling of the contents during handling; (iv) a specific function of a package, such as where the packaging plays a role in the preparation or consumption of the product; (v) inability to increase the level of fill or reduce the size of the package; or (vi) the provision of significant value independent of the packaging's function of holding the product, such as gift packaging or a container provided for reuse.
A Missouri federal court has reportedly declined to issue a preliminary injunction blocking the state from enforcing its law defining meat as derived from animals. The law requires plant-based or laboratory-grown food to feature a label indicating its source. Turtle Island Foods, the American Civil Liberties Union and the Good Food Institute have reportedly appealed the judge’s denial.
A Missouri state senator has introduced legislation that would clarify when slack fill is allowable in food containers. The bill would prohibit slack fill from being deemed as misleading for eight reasons, including (i) protection of the contents, (ii) reasonable industry standards, (iii) a specific function provided by the package, (iv) value added by the packaging, such as a reusable container, and (v) required label messaging.
The Good Food Institute (GFI) and Tofurky Co. have filed a civil-rights action alleging that Missouri "criminalizes truthful speech by prohibiting 'misrepresenting' a product as 'meat' if that product is 'not derived from harvested production livestock or poultry.'" Turtle Island Foods v. Richardson, No. 18-4173 (W.D. Mo., filed August 27, 2018). The lawsuit responds to Missouri's agriculture bill, which was amended to include the contested language in June 2018 and took effect August 28. The complaint alleges that the statute seeks "to prevent plant-based and clean meat producers, including Tofurky, from accurately informing consumers what their products are: foods designed to fulfill the roles conventional meat has traditionally played in a meal." The plaintiffs argue that consumers are unlikely to be confused because "historically, the term 'meat' has had multiple meanings, including to describe the edible part of any food, such as a fruit or nut"; further, "clean meat" products…
A federal court in Missouri has denied class certification in a slack-fill action against Just Born Inc., ruling that the plaintiff was unable to represent one proposed class and that individual issues would predominate for the other two. White v. Just Born, Inc., 14-4025 (W.D. Mo., entered August 7, 2018). Alleging that boxes of Mike and Ikes and Hot Tamales were underfilled, the plaintiff sought certification of three classes: a Missouri Merchandising Practices Act (MMPA) class, an unjust enrichment (Restatement) class and an unjust enrichment (Appreciation) class. First, the court found that the Restatement class did not include Missouri residents, so the Missouri plaintiff could not serve as a representative of the potential class members. “In an attempt to account for variations in states’ unjust enrichment laws, [the plaintiff] seeks certification of two separate unjust enrichment classes,” the court held. “In doing so, however, [the plaintiff] defined himself out of one.”…
A Missouri federal court has dismissed with prejudice a putative class action alleging Dr Pepper Snapple Group Inc. mislabels Canada Dry Ginger Ale because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered June 21, 2018). The court approved a stipulated voluntary dismissal filed by the named plaintiff. In April 2018, the court denied the beverage maker’s motion to dismiss, finding the plaintiff had adequately pleaded all of the seven counts alleged.
The Missouri legislature has passed an agriculture bill that would prohibit companies from labeling lab-grown and plant-based products as "meat." The bill bans "misleading or deceptive practices" in the sale of meat, including "misrepresenting a product as meat that is not derived from harvested production livestock or poultry." Missouri Governor Eric Greitens must sign the bill by July 15, 2018. Similar measures have been debated at the federal level, and the U.S. Cattlemen's Association filed a petition in February 2018 urging the U.S. Department of Agriculture to establish beef labeling that would limit the use of "beef" and "meat" on products not derived from animals.
A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging and marketing of the product includes the statement “Made from Real Ginger,” independent laboratory testing found no detectable ginger in the beverage. The lawsuit echoes similar putative class actions filed in California. The Missouri court rejected all of Dr Pepper Snapple Group’s arguments, finding the plaintiff had adequately pleaded each of the seven counts alleged, including violation of the Missouri Merchandising Practices Act, fraud and intentional misrepresentation.
A federal court has denied a motion to dismiss a slack-fill complaint against Just Born, maker of Mike and Ike® and Hot Tamales® candies. White v. Just Born, No. 17-4025 (W.D. Mo., order entered July 21, 2017). The complaint alleged that consumers are likely to choose opaque, “theater-sized” boxes of the candies believing they are a good value despite allegedly containing up to 35 percent empty space. The court found that the plaintiff had pleaded sufficient facts to establish a claim under the Missouri Merchandising Practices Act, finding “a reasonable consumer could conclude that the size of a box suggests the amount of candy in it. . . . [t]he Court cannot conclude as a matter of law and at this stage of the litigation that the packaging is not misleading.” Moreover, Just Born’s argument that the packages’ labeling and disclosures of net weight, number of pieces of candy per…
