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

Country of origin labeling (COOL) is more than a “cool” marketing opportunity – it is a labeling law.Class action dismissalLast month, the District of New Mexico dismissed two proposed class action lawsuits accusing four food industry giants of falsely labeling beef products as “Product(s) of the USA.” The consumers claimed the cattle were actually “raised

The vegan and plant-based food industry had an important win in a high-profile lawsuit over the use of dairy terminology.On Friday, August 21, 2020, a Federal court granted Miyoko’s Kitchen Inc.’s motion for a preliminary injunction to prevent the State of California from taking enforcement action relating to Miyoko’s Kitchen’s use of the terms “butter”,

Comedians, cooking blogs, and most recently a Nebraska man’s City Council rant have gone viral after arguing the use of the term “boneless wings” is not appropriately named – in part because “nothing about boneless chicken wings actually comes from the wing of a chicken.” While we acknowledge the humor and passion behind the Nebraska