Cabot Dodges False Ad Suit Over Yogurt Additives

Law360, New York (February 26, 2013, 1:34 PM EST) -- A California federal judge on Monday tossed a false labeling class action claiming that Cabot Creamery Cooperative Inc.'s Greek yogurt products aren't actually yogurt under federal guidelines, ruling that the additives Cabot uses have been approved by the U.S. Food and Drug Administration.

U.S. District Judge Samuel Conti rejected claims from three California consumers claiming that the FDA's so-called standard of identity for yogurt published in 1981 forbids additives like the whey protein concentrate, or WPC, and milk protein concentrate, or MPC, used in Cabot products. The judge pointed to a separate 2004 FDA memorandum he said clearly gave manufacturers the...

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