Well, as of November 2021, if you live in Maine, you do.  It’s the first state to give constitutional protection to the “right to food.” This constitutional amendment capped a growing and expanding “food sovereignty” movement in Maine that seeks to deregulate the state’s small-scale farming and food operations. Almost a year and…

After seven years of contentious (not to mention costly) litigation, in September 2022, the federal district judge overseeing the In re: Kind LLC “Healthy and Natural” multi-district litigation decertified three state classes
of Kind bar consumers and granted Kind’s motion for summary judgment. At issue is Kind’s labelling of certain granola bars and snacks as…

As is evident from a walk down a grocery store aisle, many companies are marketing CBD-infused food, beverage, and dietary supplements. And, as many of these companies know, the FDA has not approved CBD use in these products in accordance with the Federal Food, Drug & Cosmetics Act (“the Act”). It is important for companies…

Hawaiian pizza, punch and rolls are delicious. That’s undisputed. But a recent class action disputes whether King’s Hawaiian rolls are appropriately named because they are not actually made in Hawaii. This question can be resolved by looking to federal and state law on product labeling.King’s Hawaiian Rolls raise two primary issues of labeling law, one…

A plant-based meat company is appealing to the Tenth Circuit Court of Appeals a federal judge’s recent refusal to halt Oklahoma’s Meat Consumer Protection Act, which requires a disclaimer on plant-based food products that use a meat term in the product description.
In September, Upton’s Naturals Co. and the Plant Based Foods Association (“PBFA”) filed…

In a much anticipated decision, the Seventh Circuit reversed a district court’s dismissal of claims alleging that “100% Grated Parmesan Cheese” claims on packaging are deceptive.The plaintiffs’ allegations are simple—the product is not 100% parmesan cheese because it contains cellulose powder and potassium sorbate. The proof of this claim is also simple—the package itself lists…

A Southern District of Illinois federal judge recently held that false advertising claims related to a “no preservatives” claim on soup labels were not preempted. Although the result is not necessarily surprising given recent case outcomes, the argument for preemption presented a unique question of first impression – whether USDA approval of label claims for…