We have the ability to form integrated teams to defend our clients from coast to coast, whether that means seamlessly conducting discovery in multiple states or defending against “copycat” cases that frequently appear in the wake of initial class action filings. Whether a class action is threatened or filed, our attorneys draw on extensive knowledge and experience to strategize and implement an appropriate defense strategy. The complaint alleges fraud, negligent misrepresentation, and breaches of warranties, among other things.Daunting in scope and potential significance, class actions pose financial, reputational, and operational risks to companies in all industries. It claims that added smoke flavor “lacks the delicate balance” of phenolic compounds from actual smoking and that the actual smoking process “generat compounds that are not capable of being included in a ‘natural smoke flavor…’” The complaint alleges that the front label misleads customers by giving them the impression that all of the smoke flavor came from the process of smoking. However, the ingredient panel for the product lists “Natural Smoke Flavor.” The complaint asserts, “Through listing ‘Natural Smoke Flavor’ on the ingredient list, the Product tacitly admits that even if it has undergone smoking, it was not smoked enough to sufficiently impart a characterizing smoke flavor.” The front label for the Smoked Gouda Deli Sliced Cheese only says “Smoked Gouda.” It says nothing about added smoke flavor. It quotes warnings from the Food and Drug Administration (FDA) about foods with added smoke flavor: “If these smoke ingredients are added flavors, they should be declared in accordance with 21 CFR 101.22” that is, on the front of the label. The complaint also claims, “Where a food’s flavor does not come exclusively from a characterizing ingredient or processing method, but contains natural flavor derived from that ingredient or processing method, this must be disclosed to consumers on the front label, in addition to on the ingredient list.” If it contains some natural flavor from strawberries, together with either no real strawberries or not enough strawberries to characterize the food, the complaint claims, the front label is supposed to acknowledge this flavoring, by saying, for example, “natural strawberry flavored shortcake” or “strawberry flavored shortcake.” The complaint points to the example of strawberry shortcake, where strawberries are the characterizing ingredient. The front label of a food product is supposed to disclose the source of its characterizing flavor. In flavorings, consumers prefer “the real thing.” The complaint refers to “research by Mintel” to assert that consumers prefer to have the flavors of foods come from the characterizing ingredient or natural processes. It was used less often after the introduction of chemical preservatives, but the complaint alleges that “the last two decades have seen a resurgence in smoked foods, as consumers embrace foods made without advanced chemistry and synthetic ingredients.” Smoking was a process initially used to preserve proteins, such as meats, cheeses, almonds, and fish. The class for this action is residents of Wisconsin, Ohio, Texas, Illinois, and Virginia who bought the product during the applicable statutes of limitations. But in what way is it “smoked”? The complaint alleges that the cheese is not in fact smoked but only has smoke flavor added, and that that is not in keeping with food labeling requirements in the Code of Federal Regulations. makes Smoked Gouda Deli Sliced Cheese under its Emporium Selection brand.
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