When app-based food delivery services (like DoorDash or Grubhub) compete with restaurants, the competition can get “spicy.” Restaurants want to deliver high quality hot, fresh food that tastes good. Uber-type delivery services want to get as many orders as possible and compete with other app-based services to grow their restaurant portfolio as fast as possible.

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,

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

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

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

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

Even before COVID-19, coffee companies were navigating the safety challenges of serving hot beverages to customers. On August 18, 2020 – almost 26-years after the infamous Liebeck hot coffee lawsuit – the California Court of Appeals for the Second District affirmed in an unpublished opinion the dismissal of a woman’s lawsuit suing Starbucks Corporation after