Kellogg, Kashi Prevail in Cereal, Burger Protein-Label Appeals

Aug. 14, 2023, 7:20 PM UTC

Kellogg Co. and its Kashi Co. unit defeated appeals Monday in separate proposed class suits by consumers alleging they were misled about the protein in breakfast cereals and Morningstar veggie burgers.

Federal food labeling regulations preempt the state-law consumer protection suits, the US Court of Appeals for the Ninth Circuit affirmed in a combined appeal.

Protein deception claims are also at issue in a multidistrict proceeding involving Beyond Meat plant-based products. The company has sought to dismiss the litigation, arguing in part that the claims are preempted by federal law.

Here, lead plaintiffs Elena Nacarino, Molly Brown, and others allege ...

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