Another Food Retailer Defeats Vanilla Milk Labeling Suit

By Daphne Zhang (January 20, 2021, 4:01 PM EST) -- Food retailer Topco Associates LLC won the dismissal of a proposed class action over its vanilla almond milk product after a New York federal judge found that the company did not put incorrect information on the product's vanilla flavor label.

U.S. District Judge Ronnie Abrams said Tuesday that although she agrees with the proposed class representatives that Topco's product is "not exclusively flavored by genuine vanilla extract," the suit failed to allege that a reasonable consumer would believe that a vanilla milk beverage's vanilla flavor was derived solely from natural vanilla.

"The complaint's allegations that consumers expect a product labeled 'Vanilla...

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