Category: Issue 467
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Red Bull Drinker Claims Product No Stronger Than Coffee
A New York resident has filed a putative nationwide class action against the company that makes Red Bull energy drinks, alleging that the product does not, as advertised, “give you wings,” that is, provide more benefit than a cup of coffee. Careathers v. Red Bull GMBH, No. 12-369 (S.D.N.Y., filed January 16, 2013). According to…
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Former Steakhouse Server Seeks to Revive Collective Wage-and-Hour Claims
A woman who formerly worked as a LongHorn Steakhouse server has asked a federal court for permission to modify her motion for a collective action under the Fair Labor Standards Act following the court’s denial of her motion in December 2012 on the ground that she lacked personal knowledge as to practices at the company’s…
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Consumer Fraud Suit Against Honey Maker Dismissed with Prejudice
A federal court in California has dismissed statutory and common law claims filed in a putative class action against Sioux Honey Association Cooperative, alleging that the company falsely labels its Sue Bee Clover Honey® product as “honey,” despite removing the pollen from the product. Ross v. Sioux Honey Ass’n Coop., No. 12-1645 (N.D. Cal., decided…
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Burger King Franchisee to Pay $25,000 to Cashier Fired for Wearing Skirt Prescribed by Faith
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a consent decree with a federal court in Texas to resolve claims that a Burger King franchise operator discriminated against a former cashier on the basis of religion. EEOC v. Fries Rest. Mgmt., LLC, No. 12 3169 (N.D. Tex., filed January 16, 2013). Without admitting liability, the…
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FTC Commissioners Order POM Wonderful to Conduct Tests Before Asserting Health Benefits
The Federal Trade Commission (FTC) has issued a final decision in a complaint alleging that POM Wonderful made false and misleading claims by advertising its pomegranate juice products with health-benefit assertions that the company contended were backed by medical research. In re POM Wonderful LLC, No. 9344 (FTC, decided January 10, 2013). Additional information about…
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OEHHA Schedules Public Workshop on Proposed Prop. 65 Listing for Styrene
At the request of a polystyrene custom mold manufacturer, California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) will conduct a February 14, 2013, public workshop “concerning OEHHA’s intent to list styrene as a chemical known to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65…
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Irish Food Safety Authority Finds Horse, Pork DNA in Beef Products
The Food Safety Authority of Ireland (FSAI) has published the results of an investigation “examining the authenticity of a number of beef burger, beef meal and salami products available from retail outlets in Ireland.” According to a January 15, 2013, FSAI press release, the agency’s study revealed “the presence of horse DNA in some beef…