July 29, 2021

Volume XI, Number 210

Advertisement

July 28, 2021

Subscribe to Latest Legal News and Analysis

July 27, 2021

Subscribe to Latest Legal News and Analysis

July 26, 2021

Subscribe to Latest Legal News and Analysis

Lawsuit Alleges that TGI Fridays Onion Rings Made Without Real Onions

  • On June 10, 2021, a class-action lawsuit was filed against Inventure Foods, Inc., which manufactures and sells its “Onion Ring Snacks” under the TGI Fridays brand name, for allegedly deceiving consumers by advertising the snacks as onion rings when they contain only de minimis amounts of real onion.

  • The complaint alleges that the product (as disclosed by the ingredient list) primarily consists of cornmeal and contains onion only in the form of trace amounts of onion powder (onion powder is the third-most predominant ingredient). Interestingly, the complaint does not allege a violation of FDA’s food labeling regulations. Instead, the complaint acknowledges that the product is labeled as “naturally and artificially flavored,” but alleges that the disclosure on the front package is too small to be easily seen by consumers and, in any case, “fails to tell consumers the Product substitutes onion powder for real onions.”

  • The lawsuit is another in a string of recent lawsuits filed by Sheehan & Associates, P.C., which claim consumers are deceived by the labeling of products whose flavors are largely derived from ingredients other than the ingredient in question (e.g., onion), even in the absence of a clear FDA labeling violation (see also Kashi Strawberry bar and Tostito lawsuits).  Although compliance with FDA’s labeling regulations does not foreclose the possibility that a court could find a reasonable consumer has been deceived, it should in theory present a more difficult case for the plaintiff. Keller and Heckman will continue to monitor and report on these cases.

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 173
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

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...

202-434-4100
Advertisement
Advertisement