April 20, 2021

Volume XI, Number 110

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Company Settles Case on Baking Process Claims

On February 16, 2021, the U.S. District Court for the Northern District of Illinois Eastern Division granted final approval of a class action settlement, incentive reward, and attorneys’ fees and expenses that totaled more than $650,000.  The settlement resulted from a 2018 lawsuit where plaintiffs argued that FGF Brands USA Inc. and FGF Brands, Inc. (defendants) made misleading claims regarding the baking process of their various naan products.

Plaintiffs filed a lawsuit in 2018 against the defendants who sell naan Indian flatbread, challenging its “tandoor-baked naan” and “tandoor oven-baked to honor 2,000 years of tradition” claims as being false and misleading.  Defendants baked the naan on a conveyor belt in a gas-heated commercial oven, not in traditional tandoor ovens, which are made from clay or stone.  Plaintiffs claimed that there is no substitute for the flavor imparted by baking naan with a traditional stone or clay oven and that the defendants misled plaintiffs into believing that the baking process was devoid of automation or machinery and of a higher quality than mass-produced naan breads.

Defendants also are facing legal action over similar claims in Canada where plaintiffs filed a complaint alleging that it is deceptive for the defendants to equate the company’s conventional oven to a tandoor oven.  The case is an example of a relatively rare challenge of a food preparation claim, outside of the “natural” claim context.

 

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© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 56
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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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