In Wynn v. Topco Associates, the plaintiffs alleged that the defendant’s use of the words “Vanilla Almondmilk” on the front label of its product packaging misleads consumers into believing that the source of the vanilla flavor is entirely vanilla bean extract, as opposed to various vanilla flavorings. But on January 19, 2021 a federal court in New York dismissed the lawsuit. Applying the “reasonable consumer” standard, the court stated that “the word ‘vanilla’ . . . is likely to be interpreted by a reasonable consumer as a description of the flavor or taste rather than the ingredients.” The Topco case joins other “vanilla” cases that have been dismissed for the same reason, such as Blue Diamond Almond Breeze almondmilk (dismissed Dec. 7, 2020) and Westbrae natural unsweetened soymilk (dismissed Dec. 1, 2020).
Food and Beverage Law Blog Another False Labeling Lawsuit Re: Vanilla Gets Knocked Out Of Court.
DRM • February 23, 2021
- Share this post on LinkedIn
- Share this post on Twitter
- Copied to clipboard!
Food and Beverage Law Blog
Related Articles
View AllMay 17th, 2022
We say, “EAT LOCAL”
Eat local! Boston Magazine names 10 must visit restaurants in Burlington, VT.
Read More arrow_forward
May 2nd, 2022
St. Johnsbury’s Cary & Main Sponsor Jamaican Rugby Team
By: Mary K. Parent
Our friends at Cary & Main are sponsoring the Jamaican Rugby team at the September World Cup in South Africa.
Read More arrow_forward
April 25th, 2022
Beer Wars: Take 3 – Stone Brewing Seeks To Increase Its Infringement Damages Against MillerCoors From $56 Million to $284 Million.
By: Walter E. Judge
Stone Brewing had just won a jury verdict of $56 million against MillerCoors, and it's now reaching for more.
Read More arrow_forward
April 11th, 2022
Beer Wars: Take 2 – Stone Brewing Sued by Sycamore Brewing for Trademark Infringement
By: Walter E. Judge
In a turn of events, Stone Brewing was itself hit with an infringement lawsuit by the Sycamore Brewing of North Carolina.
Read More arrow_forward