Category: Issue 440
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JibJab Sues White Castle for Infringing Mark in Social Media Ad Campaign
JibJab Media Inc., a digital media company known for its photo cut-out animated videos sometimes used as political satire, has filed a trademark infringement suit against White Castle, alleging that the fast-food chain has infringed its trademarks by launching a social media ad campaign called “Jib Jab Chicken Ring” to promote its “chicken rings” menu…
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“Evaporated Cane Juice” at Issue in Yogurt Litigation
A California resident has filed a putative class action against a company that sells Greek-style yogurt products labeled with the terms “evaporated cane juice,” “All Natural Ingredients” or “Only Natural Ingredients,” claiming that they are false and misleading. Kane v. Chobani, Inc., No. 12-2425 (N.D. Cal., filed May 14, 2012). According to plaintiff Katie Kane,…
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Court Dismisses Robo-Call Litigation as to Domino’s Pizza
A federal court in Washington has dismissed franchisor Domino’s Pizza from litigation alleging that a franchisee’s use of automatic calls with a prerecorded message to numbers stored from previous orders violated state and federal laws prohibiting “robo-calls.” Anderson v. Domino’s Pizza, Inc., No. 11-902 (W.D. Wash., decided May 15, 2012). While the claims against the franchisee…
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Consumer Fraud Claims Narrowed Against Fruit Roll-Ups® Maker
A federal court in California has dismissed several of the claims brought in a putative class action against General Mills, alleging that the company misleads consumers with the package labeling for its Fruit Roll-Ups® and Fruit by the Foot® products. Lam v. General Mills, Inc., No. 11-5056 (N.D. Cal., order entered May 10, 2012). Additional…
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Cal/EPA Extends Comment Deadline for Methanol Max. Dose Level Under Prop. 65
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment deadline on its proposal to establish a maximum allowable dose level for methanol, a substance the forms naturally in fruits and vegetables when they are prepared for consumption by methods including slicing, chopping, pureeing, and juicing. At the request of the Technology…
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European Commission Adopts List of Permitted Health Claims
The European Commission has approved a list of 222 health claims—“for example on the role of calcium and bone health or vitamin C and the immune system”—that are permitted for use on food labeling and advertising. According to a May 16, 2012, press release, food manufacturers must adapt their practices to the new requirements by…
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EFSA Issues Call for Data on BPA in Food and Beverages
The European Food Safety Authority (EFSA) has issued a call for data as part of its ongoing risk assessment of bisphenol A (BPA) that includes an exposure assessment from both dietary and non-dietary sources. Spurred in part by a September 2011 report published by the French Agency for Food, Environmental and Occupational Health and Safety,…