Cases About "All Natural" Foods and Beverages
In a series of cases, plaintiffs have argued that marketing foods and beverages as "all natural" when they contain high fructose corn syrup, is false and misleading under state unfair and deceptive trade practices laws. Some of the cases also allege that labeling and advertising beverages by using the names and images of fruits that are not contained in the products also violates these state laws. The defendants have moved to dismiss the cases, arguing that these claims are preempted by the Food, Drug, and Cosmetic Act and FDA regulations. We have appeared as co-counsel in several of these cases to oppose the preemption motion. In Holk v Snapple, we filed an amicus brief supporting reversal in the court of appeals. That court agreed and held that the claims were not preempted.
Lockwood v ConAgra (Jan. 2009)
Hitt v. AriZona Beverage Corp. (2008)
Holk v Snapple (Dec. 2008)