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The Third Circuit Court of Appeals recently ruled in Logic Technology Development LLC v. FDA that the U.S. Food and Drug Administration (FDA) was within its rights to change course on menthol-flavored e-cigarettes. Logic Technology Development LLC filed suit after the agency denied its application to market menthol-flavored electronic nicotine delivery systems (ENDS), arguing that […]

Wahlburgers I LLC (Wahlburgers ) is facing a New Jersey false advertising lawsuit in Federal Court over claims that its pickles aren’t as fresh as they claim. Grillo’s Pickles, Inc. (Grillo) alleges that Wahlburgers’ pickles are falsely marketed as having all-natural ingredients and no preservatives.  Grillo also contends that the similarities between the two pickle […]

Nestle Healthcare Nutrition, Inc. is facing a class-action lawsuit over claims that its Boost Glucose Control drinks help diabetic consumers manage their blood sugar levels Nestle Healthcare Nutrition, Inc. (Nestle) is facing a class-action lawsuit over claims that its Boost Glucose Control drinks help diabetic consumers manage their blood sugar levels. The case, Owen v. Nestle Healthcare Nutrition, Inc., […]

A New York federal judge recently dismissed a class-action lawsuit accusing Kelloggs of misleading consumers by exaggerating the amount of strawberries in its Frosted Strawberry Pop-Tarts through materially misleading labeling… A New York federal judge recently dismissed a class-action lawsuit accusing Kelloggs of misleading consumers by exaggerating the amount of strawberries in its Frosted Strawberry Pop-Tarts through […]

The FDA’s “Substances Generally Recognized as Safe” Rule, better known as the GRAS Rule, is a lawful exercise of the FDA’s authority, according to a recent decision by the U.S. District Court for the Southern District of New York… The U.S. Food and Drug Administration’s (FDA) “Substances Generally Recognized as Safe” Rule, better known as […]

Lawsuits involving poppy seeds are mounting around the country, as plaintiffs who have ingested unwashed poppy seeds seek to hold suppliers responsible for injuries and even deaths... Lawsuits involving poppy seeds are mounting around the country, as plaintiffs who have ingested unwashed poppy seeds seek to hold suppliers responsible for injuries and even deaths. According […]

Coca-Cola Co. did not mislead consumers by labeling its Gold Peak iced tea as “slightly sweet,” according to a federal court judge. Coca-Cola Co. did not mislead consumers by labeling its Gold Peak iced tea as “slightly sweet,” according to a federal court judge. The court held in Mazella v. The Coca-Cola Co. that the […]

Mars Wrigley is the latest candy manufacturer to file suit against companies for selling cannabis-infused edibles in packaging that mimics its famous brands... Mars Wrigley is the latest candy manufacturer to file suit against companies for selling cannabis-infused edibles in packaging that mimics its famous brands. In its suit, Mars Wrigley alleges that the defendants […]

In the wake of a congressional report revealing high levels of heavy toxic metal contamination in several brands of popular baby food, class-action lawsuits are mounting... In the wake of a congressional report revealing high levels of heavy toxic metal contamination in several brands of popular baby food, class-action lawsuits are mounting. Most recently, several plaintiffs filed […]

In Levola Hengelo BV v. Smilde Food BV (Case C-310/17), the Court of Justice of the European Union (CJEU) recently held that the taste of food is not eligible for copyright protection... While copyright protection has traditionally been limited to creative expressions of artistic and literary nature, such as novels, paintings, and musical compositions, courts […]

Post Consumer Brands recently agreed to pay $15 million to resolve allegations it misled consumers… Post Consumer Brands recently agreed to pay $15 million to resolve allegations it misled consumers by using health and nutrition claims to advertise several of its high-sugar cereals. Post is the latest cereal maker to face a costly class-action lawsuit […]

As store shelves become crowded with products that feature food labeling purporting to be “natural,” the U.S. Food and Drug Administration (FDA) is asking the public to weigh in on what the term means. Consumer petitions asking that the FDA define the term “natural” for use in food labeling prompted the agency to take formal […]