The Rise And Fall Of "Vanilla" Labeling Challenges

Beginning in 2020, the advertising world saw an explosion of putative class-actions challenging the use of "vanilla" to describe products where the vanilla flavoring allegedly is not derived exclusively from the vanilla bean plant.  We previously blogged about several such cases. One plaintiff's attorney alone, Spencer Sheehan, has filed—and continues to file—hundreds of these cases.  However, we suspect this trend will begin to subside, as courts have largely disposed of these cases at the pleading stage. Two recent decisions out of the Northern District of California and Eastern District of New York illustrate the challenges plaintiffs' lawyers face in keeping these lawsuits afloat.  Garadi v. Mars Wrigley, No. 19-cv-03209-RJD-ST (E.D.N.Y. July 6, 2021); Fahey v. Whole Foods Market, Inc. et al., No. 20-cv-06737-JST (N.D. Cal. June 30, 2021).