Court Of Appeal Upholds Dismissal Of Suit Over 'Greek Yogurt' Labeling

Absent definitive action by the Food and Drug Administration, it is not illegal to market a product containing milk protein concentrate as “yogurt,” the Fourth District Court of Appeal ruled yesterday.

Div. Three upheld a Riverside Superior Court judge’s ruling dismissing a proposed class action against Safeway, Inc. regarding its Lucerne brand of Greek yogurt.

The product commonly known as Greek yogurt in the United States is distinguished from regular yogurt by its thicker texture, caused by straining the product in order to remove whey. Some, but not the majority, of Greek yogurt brands use thickening agents not found in regular yogurt, such as milk protein concentrate, or MPC, which is what Ashley Tamas complained about in her lawsuit against Safeway.

To read the rest of the story, please go to: Metropolitan News-Enterprise