Food Labeling

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The jury in the Banks v. R.C. Bigelow, Inc. litigation has returned its verdict, awarding consumers $2.3 million – short of the $3.26 million that plaintiffs’ counsel had requested. The Banks litigation challenged Bigelow’s “Manufactured in the USA 100%” claim used on some of its tea packaging. Plaintiffs argued that the claim was false because the company imported its tea; however the company’s position in the litigation was that the claim referred to the US-based facilities where the teas were blended and packaged. Notably, due to an earlier-issued summary judgment order from the judge (finding that the challenged claim was literally false), the only questions before the jury were the amount of damages and whether there was intentional conduct by the company supporting an award of punitive damages. While the jury awarded compensatory damages, it did not find that there was proof sufficient to support a punitive damages award by clear and convincing evidence.Continue Reading Bigelow Jury Verdict Could Increase Challenges To “Made In USA” Labels

“Best By”, “Use By”, “Sell By” dates. To clarify quality and safety dates on food labels, on September 28, 2024, a new law was enacted in California that requires food manufacturers, processors, and retailers responsible for food labeling to “display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026[.]” This new law does not apply to infant formula, eggs or pasteurized in-shell eggs, beer or other malt beverages. Subject to those exceptions, A.B. 660 provides that for food manufactured on or after July 1, 2026, food labels will be required to display one of these uniform terms:Continue Reading Food Labeling Update: Quality and Safety Dates – Clarifying “Best By” and “Use By”