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Not So “Fresh” Label and Advertising Claims Can Result In Litigation

“Fresh” is quickly becoming a not-so-fresh battleground for consumer-brought false advertising lawsuits as we see more and more actions challenging the use of “fresh” in advertising and labels for food and beverages.

Most recently, a federal district court in Illinois certified a class of consumers who claim that they were misled into believing that single-serving coffee cartridges contained “fresh” coffee, when in reality it was instant coffee. In another case filed this year in New Jersey, Whole Foods and Wegmans were sued for using the terms “baked fresh” or “fresh baked” in connection with their breads – the lawsuit claimed that these phrases indicated that the breads were made from scratch when instead the products were simply re-heated in the store (the suit was since dismissed on “standing” and injury issues).  And, an Australian court recently ruled that the Coles supermarkets could not use “Freshly Baked” to describe bread that

What do FDA’s Preventive Controls Rules Actually Mean?

St. Louis Partner Brandon Neuschafer authored an article Nov. 10 in Refrigerated & Frozen Foods magazine concerning the FDA’s Preventive Controls Rules. Released on Sept. 10, the rules aim to shift the focus of U.S. food safety away from incident response and toward prevention. “FDA expects that many large facilities are already doing a vast majority of what is now being required,” Neuschafer wrote. “Those facilities may still need to develop additional documentation or tweak procedures. Interesting and complicated issues swirl around companies who are not themselves food facilities, but are technology and equipment providers to such facilities.” Click here to read his full article.

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