Coca-Cola retires spice and vanilla as it introduces an Oreo special edition: telling examples of the speed of today’s market. That speed seems at least tangentially related to many trending stories on both litigation and innovation (plus collaboration).

  • High-profile lawsuits in the courts may determine future policy.
  • Sustainability drives changes in packaging.
  • Early fall means new product launches and collaborations.

Gettin’ Litigious

Consumer, environmental and regulatory groups are using the legal system to check the actions of major players on the food safety, environmental and business fronts.

  • Lawsuits are piling up against Boar’s Head after the deli meat maker’s Listeria outbreak caused at least nine deaths (detailed in the Sept. 5 edition of Plated). Supermarket News outlined the more recent, and largest, suit to hit the courts: a Virginia victim seeking $48 million in compensation based on Boar’s Head not taking necessary precautions to keep its products safe.
  • Environmental Working Group (EWG) filed a lawsuit against Tyson Foods for “unsubstantiated environmental claims.” Reuters’ Leah Douglas reported, “In its lawsuit, EWG alleges that Tyson has not presented a rigorous plan for reaching its net zero goals or details for its lower-emission beef production and is thus misleading consumers with the claims.”
  • Agriculture Dive detailed how crop input manufacturers Bayer, Corteva and Syngenta defeated plaintiffs in a lawsuit accusing them of price-fixing. The suit claimed that by keeping products out of e-commerce, these companies conspired to elevate prices. The judge found no evidence of wrongdoing.
  • Progressive Grocer posted the latest on the Kroger-Albertsons merger case. The case between the companies and Washington state continued this week while the companies wait for a decision in a separate lawsuit involving the Federal Trade Commission in Oregon.

Our Takeaway: More intensive litigation is on the horizon. Look for some class-action action against Boar’s Head, as well as a full season of Kroger-Albertsons drama. And, if EWG is successful in its suit against Tyson, many net-zero commitments will be in the crosshairs of environmental groups.

Reduce, Reuse, Rethink Packaging

Sustainability issues were the driving force behind recent innovations — and lawsuits — in food and beverage packaging.

  • The Associated Press reported on Sept. 22 that California banned single-use plastic bags at grocery stores effective January 2026. The next day, the Golden State sued ExxonMobil for deceiving the public about the recyclability of plastic packaging.
  • Packaging Gateway quoted a spokesperson for ExxonMobil objected to the lawsuit: “For decades, California officials have known their recycling system isn’t effective. They failed to act, and now they seek to blame others.”
  • The Washington Post’s Anna Phillips explained the basis of the allegations using soda bottles as an example and called back to earlier this month, when Keurig Dr Pepper paid the SEC a $1.5 million penalty for false recyclability claims.
  • Mondelēz announced plans to source recycled plastic for its bag-in-the-box liners for Triscuit products (Food Business News). The brand additionally recapped other efforts to minimize the environmental impact of its packaging in its Snacking Made Right report.
  • Food Ingredients First covered Tetra Pak’s 2023 sustainability report, which includes updates on goals around recyclability and greenhouse gas emissions.
  • MBM Innovations and dsm-firmenich partnered to create a vacuum-sealed membrane for cheese maturation (Food Ingredients First). Both brands touted resource savings as a key feature of the technology.
  • DS Smith introduced its DryPack box to U.S. markets, marketing its water-resistant cardboard product as ideal for shipping fish (Supermarket Perimeter).
  • New Hope Network shared a slideshow of its picks for most eye-catching packages at the Newtopia Now trade show.

Our Takeaway: California’s lawsuit will influence the future of recycling claims. Package-makers should be ready to adapt as brands reconsider packaging requirements in the aftermath.

Old Brand + Old Brand = Nü Brand

Eater writer Jaya Saxena theorized why food brands often introduce new products through collaboration. Saxena sought the wisdom of Western Michigan University food marketing program director Russell Zwanka, who suggested: “It’s about leveraging brand recognition, a scattershot form of chasing sales, focused on the thrill of trying something new and in all likelihood gross. It’s a dare from the grocery aisle — ‘Eww, taste this’ — with a nutrition facts label.” Yum. Now here are some collaborations and candy introductions just in time for Halloween:

The Juice: Who's got it, what it is
Who’s got it, what it is

The Los Angeles Times profiled Owen Han, “TikTok’s king of sandwiches.” Since posting his first sandwich on a lark in 2021, he’s earned 6.5 million followers and will release a cookbook next month. The story captures the power of social media influence, even on the influencer. As Owen says, “I was like, wow, this is crazy. People like sandwiches, and I also like sharing my passion for sandwiches.”

Worth Reading

Okt-sober-fest?

Food Manufacturing unpacked the prominent impact consumer behavior is having on the beer industry. As demand continues to rise for alcohol-free drinks, more breweries are dedicating time and resources to develop non-alcoholic beers that taste just like the real thing. Even Germany’s beloved Oktoberfest will feature sober-friendly beverages at most of the event’s beer tents this year, further indicating an evolving shift in consumer preferences. 

‘Well, Duh’

Conventional wisdom blames ultra-processed foods (UPFs) for obesity and disease. While that conclusion may be correct, Tamar Haspel argued in a Washington Post column why that thinking is mostly wrong. One problem is that epidemiological nutrition evidence is weak — people can’t remember what they ate or don’t accurately report what they ate, or how processed a food was. Haspel’s main argument is that the reason UPFs cause poor health outcomes is because of overconsumption. “Well, duh,” she wrote.

Aw, Nuts?

In a piece for The Wall Street Journal, Dr. Marty Makary suggested that America’s epidemic of peanut allergies is a “largely avoidable consequence” of doctors recommending children avoid exposure to peanuts until age 3. He notes that “from 2005 to 2014, the number of children going to the emergency department because of peanut allergies tripled in the U.S.” So peanuts cure peanut allergies?

Super Seaweed

Is the next great superfood floating in the ocean? Food Dive examined the health benefits of Irish moss (Chondrus crispus) and how celebrity-backed food products containing the edible red seaweed are driving its popularity among consumers. Supporters are claiming that Irish moss can enhance everything from heart and gut health to weight loss and immunity, but scientific studies and FDA regulation will likely dictate the commercial fate of this marine vegetable.

Artificially Illustrated
AN AI-GENERATED IMAGINING OF THIS WEEK’S TRENDING TOPICS
Leprechauns in boat covered in red moss
“May good health rise up to meet you and the moss be ever on your plate.”

Midjourney illustration by Ryan Smith