Category Archives: Labeling

Caffeine May Be Causing Energy Drink Company Executives Sleepless Nights

Energy drink companies have been in the spotlight recently due to claims that the amount of caffeine in their products may be harmful.  This blog has previously reported on the safety issues surrounding the energy drink industry.  They now find themselves in the headlights of Senators Markey, Durbin and Blumenthal.  Letters from the three Senators were sent to numerous energy drink companies on January 17, 2013 in an apparent effort to better understand the safety and marketing of energy drinks.  The letters note that the…

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Raspberry Ketones: Diet Supplement Hype or Holy Grail – Advertised Results Must Be Clinically Proven

Raspberry Ketones are the most recent diet supplement to take center stage in the ever changing diet supplement industry.  To date, consumer testimonials of this “all-natural diet supplement” have been overwhelming, not just for its effectiveness, but also for its safety factor as an all-natural supplement.  Unlike past diet supplement fads, Raspberry Ketone based supplements have yet to be put under the legal microscope.  So why discuss this newest craze in the diet supplement world in a legal blog?  Simple – the websites are already…

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Philips Can’t Clean Away Unfair Competition Claim

A class action was brought against Philips Oral Healthcare, Inc. concerning false claims about its Sonicare AirFloss plaque removal product.  Specifically, it was alleged Philips breached express and implied warranties by creating advertising that misleads consumers into believing this product works as well as dental floss.  The product sells for approximately $100 while floss can be purchased for less than $5.  However, Philips claims the product was never developed to be a substitute.    The product’s packaging states it can clean teeth in a similar fashion…

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Don’t Leave Out What Goes In: Failure to Identify Food Allergens May Lead To Liability in Court.

Earlier this year, Unilever, the parent company of Ben & Jerry’s, voluntarily recalled pints of its Chocolate Nougat Crunch ice cream after distributing it to retail stores nationwide.  Although there was nothing wrong with the product itself, the containers were missing a warning statement that the product was manufactured on equipment that is also used to process peanuts and tree nuts.  The warning statement is ordinarily placed on the end of the ingredients list, but was accidentally omitted.  Unilever’s quick action likely avoided…

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We Want To Pump… You Up: Over-Exaggerating Product Benefits May Land You In Court.

In a proposed California class action, plaintiff Jerry Aviles has claimed that iSatori Technologies, LLC deceptively marketed it’s vitamin supplement product, Isa-Test, by claiming the product “increases muscle mass, strength gains, and cranks up sexual drive.”  The product, which targets the male consumer, also claims to “provide total anabolic growth with zero side effects.” Mr. Aviles’ complaint  boldly claims that the health supplement is “useless,” pointing to scientific evidence that the herbal-vitamin mix has no impact on athletic performance, as claimed by iSatori.  Moreover, the…

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“Big Food” Beware – Suits Allege Violations of Federal Regulations in Labeling Products and Ingredients

A wave of recent suits, primarily brought in California, has taken aim at a number of giants in the food industry over wrongly labeling products and ingredients.  Though in the past plaintiff’s lawyers have filed suit against products labeled “healthy” and “natural,” these new suits are alleging specific violations of rules and regulations regarding ingredients and labels. Twenty-five lawsuits have been filed against “Big Food”, including ConAgra Foods, Pepsico, Heinz, General Mills and Chobani.  The action against Chobani, the Greek yogurt…

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Not So Natural After All – Margarita Manufacturer Sued Over Alleged False Claims

The manufacturer of Skinnygirl Margarita was named in a class action lawsuit filed in New Jersey that alleges the product falsely purports to be an all-natural and healthy alternative to other margarita mixes.  According to the class action complaint, Skinnygirl Margarita, in actuality, contains a chemical preservative, called sodium benzoate, that is potentially carcinogenic when mixed with lime juice.  The plaintiffs contend in the complaint they would not have paid the extra price for Skinnygirl Margarita if they knew the product contained this non-natural preservative. …

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In The Hot Seat – Delayed Implementation Of New Sunscreen Labeling Rules Draws The Ire of US Senators

The U.S. Food and Drug Administration recently delayed the implementation of new sunscreen labeling requirements that were set to go into effect on June 18, 2012 for at least an additional six months.  The new sunscreen labeling rules will ultimately bar manufactures from making certain claims about the protections afforded by the sunscreen and require the sunscreen to meet certain benchmarks before information may be placed on the product’s label.  United States Senators Kristen Gillibrand and Charles Schumer authored a letter to FDA voicing their…

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Don’t Say I Didn’t Warn You: Failure to Warn Can Result in Costly Litigation

In the first Risperdal antipsychotic lawsuit to go to trial for personal injuries, a New Jersey jury found overwhelmingly that Johnson & Johnson’s product was not a substantial factor in causing the plaintiff to develop diabetes. However, the jury also found, overwhelmingly, that J&J failed to fully and adequately warn the plaintiff of the potential risk of side effect and illness that can be associated with taking Risperdal.   Though no monetary award was granted to the plaintiff in this particular action, J&J has been…

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