Category: Issue 385

  • Energy Drink Lawsuit Filed in California

    A California resident has filed a putative class action against the companies that make, distribute and sell Four Loko®, a 6- to 12-percent alcoholic beverage with caffeine. Richardson v. Phusion Projects, LLC, No. 11-0456 (S.D. Cal., filed March 4, 2011). The plaintiff alleges that she purchased Four Loko Fruit Punch at $3 per can based…

  • Cornucopia Institute Complaint Targets Cereal’s “All Natural” Claims

    The Cornucopia Institute, a consumer watchdog and proponent of “family-scale farming,” has reportedly filed a complaint with the Federal Trade Commission (FTC), alleging that an Oregon-based cereal maker is misleading consumers with its “all natural” product claims. According to the institute, Hearthside Food Solutions, which makes Peace Cereal, labels its products as “natural” and then…

  • Federal Prosecutors Claim Veal Companies Cost Industry $500 Million

    U.S. attorneys in New York have filed a complaint against three veal producers for allegedly exporting meat containing vertebral column to Japan, which had just reopened its borders to U.S. imports after a two-year ban over a bovine spongiform encephalopathy (“mad cow”) scare. United States v. Atl. Veal & Lamb LLC, No. 11-1034 (E.D.N.Y., filed…

  • False Advertising Lawsuit Against Yogurt Maker to Proceed as Class

    A federal court in California has denied a motion for summary judgment filed by the company that makes YoPlus® probiotic yogurt and certified a class of consumers alleging that it misled them in its product marketing. Johnson v. General Mills, Inc., No. 10-00061 (C.D. Cal., summary judgment denied March 3, 2011; class certification granted March…

  • New Twist in False-Marking Lawsuits Nets $1.8 Million Judgment Against Tuna Company

    A federal court in California has reportedly fined King Tuna $1.8 million for marking its products with a patent number despite not following the patented process in preparing its fish. King Tuna v. Anova Food, Inc., No. 07-07451 (C.D. Cal., decided February 24, 2011). The patent apparently related to pre-cooling filtered wood smoke before applying…

  • Federal Court Certifies Insurance Coverage Question in Meat Recall to State Court

    Finding no clear state precedent, a federal court in Ohio has certified to the state supreme court a question arising in a case involving insurance coverage for Listeria-contaminated meats that led to the destruction of 1 million pounds of meat products in 2006. HoneyBaked Foods, Inc. v. Affiliated FM Ins. Co., No. 08-1686 (N.D. Ohio, order…

  • Iowa Legislation Would Make Undercover Slaughterhouse Videos Illegal

    Iowa Representative Annette Sweeney (R-Alden) has introduced a bill (H.F. 431) that would make it illegal to gain employment under false pretenses on farms or slaughterhouse processing facilities and then produce and distribute undercover videos. The Iowa Senate is reportedly expected to consider similar legislation. Defined in the bill as “animal facility interference,” shooting undercover…

  • OEHHA to Add Ethanol in Alcoholic Beverages, Chinese-Style Salted Fish to Prop. 65 List

    California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a notice of its intent to list ethanol in alcoholic beverages and Chinese-style salted fish to the list of chemicals known to the state to cause cancer (Prop. 65). Inclusion on the list requires that products containing these ingredients include label warnings. OEHHA is…