A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

Judicial: Food labeling

In ZAHORA v. ORGAIN LLC, No. 21 C 705, 2021 WL 5140504 (N.D. Ill. Nov. 4, 2021), the court determined whether the defendant’s labeling on a vanilla shake container was deceptive. Plaintiff alleged that the phrase “Vanilla Bean Flavor” on the packaging leads consumers to believe that there were no artificial flavors and that the representation was misleading because the product contains a very small amount of authentic vanilla. Plaintiff brought the claim under the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). The court found that the plaintiff failed to plausibly allege that a reasonable consumer would conclude that the words “Vanilla Bean Flavor” on the products label indicated that the products flavor was exclusively derived from vanilla beans, such that the label would be deceptive. The court concluded that a reasonable consumer reading the label would only expect a vanilla bean flavor from the product. The court granted defendant’s motion to dismiss.

In BOSWELL v. BIMBO BAKERIES USA, INC., No. 20-CV-8923 (JMF), 2021 WL 5144552 (S.D.N.Y. Nov. 4, 2021), the court determined whether food packaging was misleading. Plaintiff alleged that Entenmann’s “All Butter Loaf Cake” packaging was misleading because the cake contained more than just butter; it also included soybean oil and artificial flavors. The court concluded that the plaintiff’s claims failed because they all required proof that the product labeling, taken as a whole, was deceptive, which the plaintiff failed to prove. The court granted defendant’s motion to dismiss.