This article was originally published on Food Navigator on January 13, 2021.
If your company sells any vanilla-flavored food or beverage
product, then you are probably aware of the innumerable class
action cases that have been filed over the last 18 months attacking
these products – 67 cases by our count. Here, we trace
the history of this litigation and the outcomes achieved to date.
History
The first vanilla flavoring class action case was filed in
February 2019 in the Eastern District of New York. At the
time, chocolate confectioners were facing a number of class action
cases arising from their use of "white chocolate" on
labels. Thus, in context, the vanilla cases first appeared to
be a variation on a theme. However, the vanilla
litigation soon took on an astonishing life of its own, with a new
case filed just about every month, with the pace accelerating
further in the fall. Nine vanilla flavor cases were filed in
October 2019 alone.