Another Food Retailer Defeats Vanilla Milk Labeling Suit

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!