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Smoked Cheese Flavor Litigation Update

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LI lawyer now spars with food companies over smoke flavoring in products

LI lawyer now spars with food companies over smoke flavoring in products
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Honor Foods to double its staff in Bridesburg; Moorestown coffee firm expands; Ira Lubert backs Penn State casino

Honor Foods to double its staff in Bridesburg; Moorestown coffee firm expands; Ira Lubert backs Penn State casino
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Lawsuit filed over smoked provolone

BROOKLYN, N.Y. (Legal Newsline) – Smoked Provolone cheese hasn’t been smoked at all, a class action alleges. Sheehan & Associates on Dec. 9 sued Dietz & Watson in New York federal court, claiming consumers have been tricked into thinking the cheese has been smoked when it actually only contains smoking flavors. “Consumers want real smoked flavor from smoking because they seek to avoid added flavors, since even ‘natural flavors’ are highly processed in laboratories with additives, in contrast to simply being smoked over wood chips,” the lawsuit says. Consumers are so tricked by the title of the product that they would have no reason to check the ingredient list for smoke flavoring, the lawsuit says.

Dietz & Watson Class Action Suit Over Labeling

Wednesday, December 16, 2020 A proposed class of cheese buyers is suing Dietz & Watson Inc. in New York federal court, claiming that its smoked provolone cheese is falsely advertised because the cheese is made with “smoke flavor” instead of actually smoking the cheese in burning wood chips. Plaintiffs allege that the Dietz & Watson labels are not in compliance with FDA’s flavor labeling regulations, which state the following: If the food is commonly expected to contain a characterizing food ingredient and the ingredient is present in a sufficient amount to independently characterize the flavor of the product (regardless of whether the food contains any added natural flavors), the name of the ingredient should simply accompany the product name.

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