F&B Legal Roundup – January 2019

Pooja S. Nair, a food and beverage lawyer and litigation member at TroyGould PC in Los Angeles, compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine.

Court DecisionsCheez-Its Whole Grain Class Action Continues: On December 11, 2018, the Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a class action lawsuit against Kellogg’s regarding the advertising of Cheez-Its as “made with whole grain.”  The Court found that plaintiffs’ Complaint “plausibly alleged that a reasonable consumer would be misled by Defendant’s whole grain labels to believe that the grain in whole grain Cheez‐Its was predominantly whole grain.”  The Court found that reasonable consumers were likely to understand that crackers were typically made predominantly of grain and to look at the bold assertions on the packaging, rather than the ingredients list, to discern what type of…