Last year, 256 class action lawsuits were filed against food and beverage companies – up 58% from the 187 cases filed in 2023 and the most filings in one year since Perkins Coie began tracking the data in 2008. But, the number of cases filed was still down 8.9% from the high of 325 filed in 2021, which was the peak of a five-year steady climb, lawyers with Perkins Coie note.
“The drumbeat of class actions filed against the food and beverage industry remains constant,” said Brian Sylvester, partner and food regulatory chair at Perkins Coie.
Many of the cases gaining traction and being carefully debated fall under the expanding and evolving definition of “clean label,” which is not a new concept but has renewed focus by the public thanks in part to the Trump administration’s Make American Healthy Again initiative, a flurry of state legislation either banning or proposing to ban specific food additives and increased oversight by FDA of the post-market safety review of chemicals in food.
Sylvester explained the cases show a continued interest in challenges related to the purported harmful effects of trace substances, including heavy metals, phthalates, PFAs and microplastics in food and beverages. Other cases examine claims of “naturally flavored” or “made with real fruit,” predominate ingredient and flavor callouts and processes, all of which also fit under the broader “clean label” umbrella.
Interested in learning more about the evolution of clean label concerns?
Join FoodNavigator-USA April 16 at 12 ET / 9 PT for a free online event exploring the evolution of clean label – including what consumers, legislators and regulators expect.
During the one-hour digital event – Clean label 2.0: Soothing safety concerns and navigating state bans – Perkins Coie Partner Brian Sylvester will share more details on the patchwork of state laws proposed and passed banning food ingredients, the impact of MAHA on regulatory reform and the potential impact of a proposal to change the self-determination process for GRAS status.
Mintel Director of Food Science Stephanie Mattucci also will present on consumers’ understanding of “clean label,” including the types of ingredients and claims that alarm and sooth them.
Finally, we will examine two cases studies with insights from baby food brand Serenity Kids’ Co-founder and CEO Serenity Carr and clean label pioneer Greg Vetter, who is the founder and CEO of Alta Fresh Foods and founder and former CEO of Tessemae’s All Natural.
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The spike in class action cases filed in 2024 likely does not reflect the full extent of interest – or potential damage – from the upward trend in clean label litigation, according to Tommy Tobin, counsel with Perkins Coie based in Seattle. For example, he explained the cases filed in 2024 add to older cases filed in earlier years which are still being litigated.
Second, it is only a fraction of the confidential demand letters on the topic sent to companies and lawyers, added David Biderman, partner and food litigation co-chair and Perkins Coie.
“Our estimate is that for all those close to 300 lawsuits that are filed, there are probably five to 10 letters for each lawsuit” suggesting something about a product is misleading, he said.
‘Naturally flavored’ vs ‘made with real fruit’
Among emerging ‘clean label’ litigation are cases challenging marketing claims that a product is “made with real fruit” or “naturally flavored” when it also contains an ingredient that may create or enhance the fruit taste, Tobin said.
For example, he pointed to one suit filed in July 2024 against Walmart alleges a claim that Great Value Fruit & Grain Cereal Bars are “naturally flavored” is misleading because it includes malic acid – an allegedly synthetic ingredient that enhances flavor. Another case filed the same day against Target alleges a claim that the retailer’s Market Pantry Apple Cinnamon Soft Baked Fruit & Grain Bars are “made with real fruit filling” is misleading for the same reason.
A similar case brought against KLN Enterprises alleges claims that a licorice candy was made with “natural strawberry & raspberry flavored licorice” or was “naturally flavored” and “free of … artificial colors and flavors”
“This is an area of significant litigation that we are continuing to see evolve,” he added.
Predominant ingredient and flavor claims in the crosshairs
Plaintiffs’ cases increasingly are taking aim at products that claim to include a “real” ingredient.
For example, a class action lawsuit brought against Mars Wrigley Confectionery US last August alleged that the company deceptively marketed its Combos stuffed snacks’ filling as “made with real cheese” when it primarily uses vegetable fats and cheese byproducts, said Sylvester.
“That case survived a motion to dismiss under Second Circuit precedent,” he noted. “The court there concluded that ‘made with real cheese’ was possibly misleading to a reasonable consumer when the real cheese in the product was not the predominant ingredient. The reasonable consumer would not need to refer to the back panel to correct misleading information on the front label.”
A similar case was filed against Walmart for allegedly misleading consumers that its Great Value Macaroni and cheese contained “real cheddar cheese, despite the fact there is allegedly no real cheddar cheese present,” said Sylvester. “The complaint alleged that the product is misbranded and misled consumers because the labeling and packaging ‘made with real cheese’ failed to reveal the presence of whey, maltodextrin, palm oil and lower quality or lower cost cheese substitutes were added as fillers or bulking agents.”
Other cases filed last year took issue to Bimbo Bakeries USA’s claims that its Entenmann’s loaf cake was made with “all butter,” when the product also contained shortening and butter flavor. In that case, the Maryland court decided the back label contained sufficient clarification and a reasonable consumer would not be misled.
Heavy metal allegations weigh down chocolate and baby food industries
Articles in Consumer Reports about the presence of heavy metals in certain products triggered a slew of class action lawsuits against chocolate companies and baby food companies.
A “promising” decision in a case against baby food brand Plum Organics alleging heavy metal contamination was dismissed because the plaintiffs did not establish that the undisclosed heavy metals constituted an unreasonable safety hazard or affected the product’s central function, said Sylvester.
The FDA responded to the litigation and consumer concerns by publishing Final Guidance on Action Levels for Lead in Processed Food Intended for Babies and Young Children in January 2025. This is part of the agency’s larger “Closer to Zero” action plan to reduce exposure to contaminants to the lowest levels possible while maintaining access to nutritious foods.
PFAS litigation rises
“A steady stream” of cases filed in 2024 allege the presence of PFAS in products across categories render “healthy,” “healthfulness” and related claims as misleading, said Sylvester.
The results of these cases are mixed.
Health-Ade Kombucha settled a case alleging the presence of PFAs in its beverages made its marketing false and misleading. Another court dismissed a similar case that challenged “all natural” claims by The Wonderful Company for its Pom Wonderful drinks were misleading because they allegedly contained PFAs. Another court “significantly trimmed” a case brought against Prime Hydration alleging the presence of PFAs rendered general and vague statements about health benefits as misleading, said Sylvester.
Ultra-processed foods under the microscope
While it is still early days in the Trump administration, the impact of “ultra-processed foods” on consumer health is emerging as a flashpoint – making the topic ripe for potential litigation, Sylvester warned.
“There is a lot of media attention on this topic,” and “it is an area where there is litigation, which we are monitoring,” he said.
In the upcoming FoodNavigator-USA webinar on Clean Label 2.0, Sylvester and other industry experts provide additional insights on the intersection between clean label, ultra processed food and litigation and regulation updates.