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
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Kind Bar MDL plaintiffs appeal federal district court smack down
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…
Regulatory risks of marketing CBD-infused food, beverages, and dietary supplements
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…
Blog Browse: A spicy relationship between Uber-like delivery services and the restaurants that feed them
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 style or made in Hawaii: Class action lawsuit highlights product origin labeling laws
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,…
We’ve got ‘beef’: Plant-based meat maker appeals decision in favor of Oklahoma’s new 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…
Seventh Circuit rejects 'ingredient list' and 'common sense' defenses in cheese labeling lawsuit
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…
No preemption for you: “No preservatives” soup label lawsuit not preempted
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…
Made in the USA: False US-origin labeling class actions dismissed
Country of origin labeling (COOL) is more than a “cool” marketing opportunity – it is a labeling law.
Class action dismissal
Last 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…
‘Butter’ believe it: Federal court makes decision in vegan dairy label fight
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…