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Class action filed against FDA-targeted companies over “0 g trans fat” claim

Shook Hardy & Bacon LLP
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USA
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March 19 2010

A New York resident has filed a false-advertising class action in a California federal court against the companies that make certain ice cream products labeled with the statement "0 g trans fat."

Report urges FTC and AGS to investigate digital marketing of alcohol to youth

Shook Hardy & Bacon LLP
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USA
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May 21 2010

The Center for Digital Democracy and the Berkeley Media Studies Group have released a report, "Alcohol Marketing in the Digital Age," that discusses some of the specific ways that alcohol beverage companies are conducting contemporary advertising campaigns using digital media, data collection, behavioral targeting, social media, and online gaming and video that allegedly appeal to underage youth

Researchers find young children aware of popular brands

Shook Hardy & Bacon LLP
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USA
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March 12 2010

A recent psychology study has reportedly suggested that children younger than age 5 "have emerging knowledge of brands that are relevant in their lives."

Conference to examine marketing obesity prevention

Shook Hardy & Bacon LLP
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USA
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July 30 2010

DTC Perspectives Inc. has announced the 2010 Marketing Disease Prevention in America (MDPA) Conference, which will discuss how health care marketing can effectively address obesity prevention

CMAJ editorial urges energy drink regulation

Shook Hardy & Bacon LLP
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USA
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July 30 2010

"Caffeine-loaded energy drinks have now crossed the line from beverages to drugs delivered as tasty syrups," opines a July 26, 2010, Canadian Medical Association Journal editorial, which recommends "strict regulations" and warning labels comparable to those required for caffeine tablets

FDA revises qualified health claims for selenium dietary supplements

Shook Hardy & Bacon LLP
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USA
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October 8 2010

According to counsel for a company that makes dietary supplements containing selenium, the Food and Drug Administration (FDA) has agreed to allow the company to make qualified health claims for the products that include brief disclaimers

Complaint filed against walnut seller for omega-3 health claims

Shook Hardy & Bacon LLP
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USA
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March 26 2010

A New York resident has filed a putative class action against Diamond Foods, Inc. in a California federal court alleging that the company labeled its walnuts with false claims that “consumption of the omega-3 fatty acids in walnuts promotes heart health and lowers the risk of coronary heart disease.”

Federal court grants preliminary approval to settlement in Frosted Mini-Wheats case

Shook Hardy & Bacon LLP
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USA
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October 15 2010

A federal court in California has approved a motion for preliminary approval of a class action settlement in litigation involving allegedly fraudulent claims that Kellogg Co.’s Frosted Mini-Wheats cereal “was clinically shown to improve children’s attentiveness by nearly 20.”

District court orders Pelman parties to refile class certification pleadings

Shook Hardy & Bacon LLP
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USA
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March 26 2010

The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification

Another court stays litigation over whether HFCS is “natural”

Shook Hardy & Bacon LLP
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USA
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August 13 2010

A U.S. magistrate judge in New Jersey has issued an order staying a case that alleges “natural” labeling for Snapple beverages is misleading because the product contains high-fructose corn syrup (HFCS), which plaintiffs contend is not an all-natural ingredient

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