No Meat to Tyson ‘Prime Pork’ False Ad Suit, Judge Says (subscription to Law360 required) USDA grading and quality symbols are available to provide information to consumers about USDA graded beef’s tenderness, juiciness, and flavor.  ‘Prime’ denotes the highest quality (juiciest) beef.  The USDA does not grade pork in the same way it grades beef. On June 26, 2020, a Florida federal judge dismissed a proposed class action lawsuit over the packaging for Tyson…

On June 22, 2020, U.S. District Judge William B. Shubb (Eastern District of California) granted summary judgment in favor of Plaintiffs Monsanto Company and a number of farming groups and associations; denied a competing motion for summary judgment filed by California Attorney General Xavier Becerra; and entered a permanent injunction barring enforcement against Plaintiffs of the Proposition 65 (Prop. 65) cancer warning requirements for glyphosate. See National Assoc. of Wheat Growers et al. v. Becerra, Case No. 2:17-civ-02401,…

On June 23, 2020, a plaintiff filed a complaint against Pret A Manger in the United States District Court Southern District of New York.  The lawsuit seeks to remedy the “deceptive and misleading business practices” of Pret A Manger with respect to the marketing and sales of its “natural” food products throughout the State of New York and throughout the country. In the complaint, plaintiff states that Pret A Manger manufactures, sells, and distributes its…

On June 22, a California federal judge dismissed a proposed class action against Kellogg Sales Company for their Bear Naked Granola V’nilla Almond product. In the complaint, plaintiff Harlan Zaback alleged that Kellogg falsely and misleadingly labeled and advertised the granola as being flavored “with vanilla flavoring derived exclusively from vanilla beans when the ingredient list reveals otherwise.” Zaback claims he would not have purchased the product or would have paid significantly less had he…