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…

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…

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…

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…

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…

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…

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…