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Artificially Flavored Chips Case Dismissed

  • On July 26, 2021, the U.S. District Court for the Southern District of New York dismissed a proposed class action against Wise Foods, Inc.

  • The case challenged the labeling of “Cheddar & Sour Cream Flavored” chips. Represented by prolific food class action firm, Sheehan & Associates, the plaintiff alleged that the product was misleadingly labeled because it contains diacetyl, an artificial ingredient with a buttery flavor, and that the product should have been labeled “artificially flavored” as required under 21 C.F.R. § 101.22(i)(2).

  • The Court granted Wise Foods’ motion to dismiss, stating that reasonable consumers would not reach a sweeping conclusion that “Cheddar & Sour Cream Flavored” would indicate the absence of other flavor ingredients, artificial or not. Judge J. Paul Oetken also noted that an alleged violation of federal labeling regulations does not prove in itself a violation of state law.

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 210
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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