Deferring To FDA, Judge Tosses Wholesoy Food Labeling Suit

Law360, New York (July 15, 2013, 6:56 PM EDT) -- A California federal judge on Friday dismissed a proposed class action accusing Wholesoy & Co. of falsely marketing its soy yogurt, ruling that the U.S. Food and Drug Administration has not determined the labeling is unlawful, despite issuing draft guidance and warning letters related to the allegations.

The lawsuit, brought by California resident Janet Hood, alleged that Wholesoy's soy yogurt lists organic evaporated cane juice as an ingredient, even though the FDA does not recognize it as an allowed sweetener. It also claimed the products were...
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