Food Lawsuits Last Week: Beef Settlement, Kroger, Baby Food MDL

Recent food lawsuits span misleading label claims, heavy-metal contamination, calorie fraud, and antitrust price-fixing, and one of them is currently paying out: consumers who bought certain beef cuts between August 2014 and December 2019 have until June 30, 2026, to file a claim in an $87.5 million settlement with Tyson and Cargill. The rest of the recent docket is a mix of newly filed class actions against Cento, Gatorade, Target, Royo Bread, KIND, and Sensible Portions, a major setback in the toxic baby food MDL, a $1.25 million Kroger calorie-labeling settlement, and San Francisco’s first-of-its-kind lawsuit against the ultra-processed food industry.

Beef Antitrust Settlement: Claims Open Through June 30

The one item on this list that pays consumers directly is the $87.5 million settlement in In re: Cattle and Beef Antitrust Litigation (Case No. 0:22-MD-3031, D. Minn.). Tyson Foods is contributing $55 million and Cargill $32.5 million to resolve allegations that the two meat-packers conspired to fix prices and restrict supply. Both companies deny wrongdoing.1ClassAction.org. $87.5M Beef Settlement Ends Antitrust Litigation Over Alleged Price-Fixing by Cargill, Tyson

Eligibility is limited to consumers in 27 states and the District of Columbia who bought fresh or frozen beef from chuck, loin, rib, or round primal cuts for personal use between August 2014 and December 2019. Premium, specialty, and processed beef products are excluded. Claims must be submitted by June 30, 2026, through OverchargedForBeef.com.2OverchargedForBeef.com. Consumer Indirect Purchaser Beef Litigation Litigation continues against JBS and National Beef, which have not settled.

New Labeling and Marketing Class Actions

Several recent class actions accuse major brands of putting claims on packaging that the ingredients don’t support. If you regularly bought any of these products, keep an eye on class notices.

Cento “Certified San Marzano” Tomatoes

Filed May 4, 2026, in the Northern District of California, Andrich et al. v. Cento Fine Foods Inc. (Case No. 3:26-cv-04012) alleges that Cento’s canned tomatoes labeled “Certified San Marzano” were never certified by Il Consorzio di Tutela del Pomodoro San Marzano, the only body authorized to grant the Protected Designation of Origin. The complaint says Cento relies instead on Agri-Cert, which plaintiffs say lacks authority to verify San Marzano standards, and notes that a Cento manager was convicted of fraud in connection with the company’s removal from the official consortium in 2011.3ClassAction.org. Cento San Marzano Lawsuit Filed Over Alleged Tomato Fraud The proposed class covers U.S. residents who bought the products since January 2016 and seeks more than $25 million in damages.4ABC News. Popular Italian Food Brand Accused of Tomato Fraud Cento has called the allegations “entirely without merit.” Two earlier class actions over the same labeling, filed in 2019, were dismissed or voluntarily dropped.5Truth in Advertising. Cento San Marzano Tomatoes

Gatorade “Hydrates Better Than Water”

Leam et al. v. PepsiCo, Inc. et al. (Case No. 1:26-cv-04258), filed May 21, 2026, in the Southern District of New York, challenges two Gatorade claims: that the drink “hydrates better than water,” and that reduced-sugar versions labeled as containing “no artificial flavors, sweeteners, or colors” actually contain synthetic citric acid.6Courthouse News Service. Gatorade’s Thirst-Quenching Claims Challenged in Class Action Plaintiffs from Illinois, North Carolina, Pennsylvania, and California say the health claims are “systematically misleading and false.”7ClassAction.org. Gatorade Lawsuit Cries Foul on No Artificial Label Claim

Target “Yogurt-Covered” Snacks

Sierra v. Target Corporation (Case No. 2:26-cv-02799), filed May 11, 2026, in New York federal court, alleges that certain “Favorite Day” and “Good & Gather” snacks marketed as “yogurt-covered” contain no yogurt, yogurt powder, or any yogurt-derived ingredient. According to the complaint, the coating is a confectionary blend of sugar, palm kernel oil, milk powders, whey powder, soy lecithin, and vanilla.8Supermarket News. Target Sued Over Yogurt-Covered Snacks The suit brings claims under New York General Business Law Sections 349 and 350 and seeks revised packaging and financial compensation.9ClassAction.org. Target’s Yogurt-Covered Snacks Do Not Contain Real Yogurt, Class Action Suit Claims

Royo “Keto-Friendly” Bagels and Breads

Salley et al. v. Royo Bread Co., Inc. (Case No. 1:26-cv-03220), filed May 28, 2026, in New York, accuses Royo of dramatically understating calories on its keto-friendly bagels, breads, buns, and cinnamon rolls. Applying the USDA’s standard calorie-calculation formula, the plaintiffs allege that Royo Everything Keto-Friendly Bagels, advertised at 80 calories, actually contain about 204 based on 38 grams of carbohydrates, 1.5 grams of fat, and 10 grams of protein. The complaint calls the practice “health-washing.”10ClassAction.org. Royo Bread Co. Lawsuit Claims Keto-Friendly Bagels, Breads Contain More Calories Than Advertised

KIND Dark Chocolate Clusters

Burnett v. KIND LLC et al. (Case No. 4:26cv440), filed in January 2026 in the Northern District of California, alleges that KIND Healthy Grains Dark Chocolate Clusters contain 2.34 micrograms of lead per 65-gram serving, more than four times California’s Proposition 65 daily maximum for reproductive toxicity.11ClassAction.org. KIND Class Action Alleges Dark Chocolate Clusters Contain Dangerous Amount of Lead The complaint argues that branding like “Healthy Grains” and “Kind for your body” is deceptive given the undisclosed lead content. KIND has not admitted wrongdoing.12The Independent. KIND Snacks Lawsuit Lead Chocolate Clusters

Sensible Portions Veggie Puffs and Straws

Jones v. The Hain Celestial Group, Inc. (Case No. 26SL-CC02338), filed in Missouri state court in June 2026, accuses Hain Celestial of labeling Sensible Portions Veggie Puffs and Straws as containing “No Artificial Flavors or Preservatives” when they contain citric acid, which the suit identifies as an artificial preservative with antimicrobial and antioxidant properties.13ClassAction.org. Sensible Portions Veggie Puffs and Straws Mislabeled, Class Action Suit Claims

Kroger Pays $1.25 Million Over Bread Calorie Counts

On June 8, 2026, prosecutors in Santa Barbara, Ventura, and Riverside Counties announced that Kroger agreed to pay $1.25 million to settle a civil enforcement action over calorie counts on five “Carbmaster” bread products sold at Ralphs, Food 4 Less, and Foods Co. stores in California. Carbmaster Hamburger Buns were advertised at 50 calories per serving but actually contained 100.14ABC News. Kroger to Pay $1.25 Million to Settle California False Advertising The case was brought by district attorneys under California’s False Advertising and Unfair Competition laws, not as a consumer class action, so there is no claim form for shoppers. A federal court imposed monetary sanctions on Kroger for legal arguments contrary to federal law, and a state court separately sanctioned the company for failing to comply with discovery obligations.15Ventura County District Attorney. Kroger to Pay $1.25 Million to Resolve False Advertising Lawsuit

Toxic Baby Food MDL: A Major Setback, and a Separate Win on Standing

Hundreds of families have sued Gerber, Beech-Nut, Nurture (Happy Baby), Hain Celestial (Earth’s Best), Plum Organics, Sprout Foods, and Walmart, alleging that baby food containing elevated levels of lead, arsenic, cadmium, and mercury caused autism, ADHD, and other developmental injuries. The cases are consolidated in MDL 3101 before Judge Jacqueline Scott Corley in the Northern District of California, and case filings grew by more than 400 percent during 2025.16MDL Update. MDL 3101 – Baby Food

On March 4, 2026, the court excluded the plaintiffs’ experts from testifying that heavy metals in baby food cause autism or ADHD, finding that the experts relied on unreliable exposure estimates and had not established general causation. The ruling effectively stalled the bellwether trial process.17AboutLawsuits.com. Toxic Baby Food Poisoning

A separate ruling went the other way. On February 5, 2026, the Second Circuit vacated the dismissal of Cantor v. Beech-Nut Nutrition Co., holding that consumers who allege they overpaid for baby food marketed as safe have standing to sue even without claiming physical injury. Paying a premium for a product that lacks the safety characteristics promised is, on its own, a concrete economic harm.18CCH. Cantor v. Beech-Nut Nutrition Co., No. 25-821-CV

San Francisco Sues the Ultra-Processed Food Industry

On December 2, 2025, San Francisco City Attorney David Chiu filed what legal experts have called the first government-led lawsuit against the ultra-processed food industry. The complaint, filed in San Francisco Superior Court on behalf of the State of California, names Kraft Heinz, Mondelez, Post Holdings, Coca-Cola, PepsiCo, General Mills, Nestle USA, Kellanova, WK Kellogg Co., Mars, and ConAgra Brands.19The New York Times. San Francisco Sues Ultraprocessed Food Companies

The suit asserts two causes of action: violation of California’s Unfair Competition Law and public nuisance.20SF City Attorney. CCSF UPF Complaint Rather than trying to prove a specific product injured a specific person, the city alleges that manufacturers knowingly used deceptive marketing to sell products they understood to be harmful and addictive, particularly to children.21Harvard Law School. The New Case Against Ultraprocessed Food Industry representatives have called comparisons between food and tobacco “inaccurate.”22STAT News. MAHA Movement Using Anti-Tobacco Playbook Against Big Food The case is a government enforcement action, not a consumer class action, so individual shoppers are not claimants.

Recent Recalls and Safety Alerts

Three recent food-safety actions have not produced lawsuits but are worth checking your kitchen for:

  • Sugar Foods LLC voluntarily recalled 5-ounce pouches of Kroger Homestyle Cheese Garlic Croutons distributed between March 7 and April 7, 2026, to stores in 17 states, after Salmonella was traced to milk powder supplied by California Dairies through seasoning maker Solina USA. No illnesses were reported.23NBC News Today. Kroger Garlic Cheese Croutons Recall Salmonella
  • On April 2, 2026, the USDA’s Food Safety and Inspection Service issued a public health alert for Great Value Fully Cooked Dino Shaped Chicken Breast Nuggets produced by Dorada Foods, after routine testing found lead up to five times the FDA’s benchmark for children. The product had already been pulled from shelves, so no formal recall was initiated.24WRAL. Walmart Dino Nuggets Lead Health Alert
  • Kettle Cuisine recalled 24-ounce cups of Whole Foods Market Kitchen Minestrone Soup for containing undeclared shrimp, a serious allergen risk.25Top Class Actions. 10 Class Action Settlements You Can Claim in June 2026