April 2015: After this case was stayed pending the FDA’s resolution regarding use of the term “evaporated cane juice,” this case was administratively closed.

January 2015: A federal judge agreed with the plaintiffs’ arguments that they may be “unfairly disadvantaged” by a dismissal because of the statute of limitations (i.e., a statute that defines the time period within which a legal action may be taken) and revived this lawsuit finding that it was appropriate to stay the action (i.e., suspend judicial proceedings).

May 2014: After the FDA announced that it had not resolved the issue of when it is appropriate to use the term “evaporated cane juice” on food labels, a federal judge dismissed this lawsuit finding that it was appropriate to defer to the FDA for resolution of the issue.

October 2013: A class-action lawsuit was filed against Attune Foods, Inc. for allegedly misrepresenting the ingredients in their product labels. Specifically, the plaintiffs claim that the company misrepresents that the products – including its chocolate probiotic bars, Erewhon grahams, and some cereal products – contain “evaporated cane juice” when, in reality, the products contain “sugar” or “cane syrup.” (Swearingen et al. v. Attune Foods, Inc., Case No. 13-cv-04541, N. D. CA.).

For more information about other class-action lawsuits regarding sugar and TINA.org’s coverage of the issue, click here.


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