Category: Issue 415
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Putative Class Alleges Trader Joe’s “All Natural” Products Contain Artificial Ingredients
California residents have filed a putative class action in a federal court against grocery chain Trader Joe’s Co., alleging that a number of its “All Natural” products contain synthetic or artificial ingredients and thus are mislabeled and falsely advertised. Larsen v. Trader Joe’s Co., No. 11-5188 (N.D. Cal., filed October 24, 2011). According to the…
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Fat Content Misrepresentations Alleged Against Milk Marketer
Seeking to represent a nationwide class of consumers, a New York resident has filed a lawsuit in a New Jersey federal court, alleging that Smart Balance, Inc. falsely labels its fat-free milks enhanced with omega-3 as “Fat Free” when they actually contain 1 gram of fat per serving. Stewart v. Smart Balance, Inc., No. 11-06174…
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Federal Court Denies Request to Intervene in Nutella® Lawsuit
A federal court in New Jersey has refused the request to intervene filed by plaintiffs to a California consumer-fraud lawsuit against the company that makes the hazelnut spread Nutella®. Glover v. Ferrero USA, Inc., No. 11-1086 (D.N.J., decided October 20, 2011) (unpublished). The New Jersey action, like its California counterpart, was filed as a putative…
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Court Trims Claims in Sugar vs. HFCS Litigation, Allows Action to Proceed
A federal court in California has issued orders allowing certain claims to proceed in Lanham Act litigation brought by sugar producers against trade associations and companies that make high-fructose corn syrup (HFCS). W. Sugar Coop. v. Archer-Daniels-Midland Co., No. 11-3473 (C.D. Cal., orders entered October 21, 2011). The plaintiffs allege that an advertising campaign the defendants…
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First Circuit Denies Insurance Coverage in Deceptive Pomegranate Ad Suits Against Welch
The First Circuit Court of Appeals has upheld a district court ruling that Welch Foods, Inc. was not entitled to defense costs and indemnity under an insurance contract which provided an exclusion for claims involving unfair competition and deceptive trade practices. Welch Foods, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 10-2261…
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Eleventh Circuit Says Farmer Not Entitled to Housing Credit from H-2A Workers
The Eleventh Circuit Court of Appeals has upheld in part a district court ruling that denied migrant workers’ claims that a Georgia onion farmer had improperly withheld the cost of housing and meals from their pay, reducing it below minimum wage. Ramos-Barrientos v. Bland, No. 10-13412 (11th Cir., decided October 27, 2011). While the appeals…
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NYC Health Department Unveils New Anti-Soft Drink Campaign
The New York City Department of Health and Mental Hygiene has unveiled the latest installment of its “Pouring on the Pounds” campaign that describes “how drinking just one 20-ounce soda a day translates to eating 50 pounds of sugar a year.” According to an October 24, 2011, press release, the 30-second TV commercial aims to…
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EU Member States Endorse Stronger Measures to Prevent Dioxin Contamination in Food, Feed
The European Commission (EC) has reportedly endorsed proposed safety measures aimed at better preventing dioxin contamination in animal food and feed. Prompted by a widespread investigation into an outbreak of the toxin that struck German meat and egg farms in late 2010, the draft regulation will be sent to the European Parliament and the European…