Category: Issue 500
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Prop. 65 Suit Alleging Failure to Warn About Lead in Snack Bars Will Not Be Stayed
A California state court has denied the defendant’s request that it stay a case alleging that the company failed to warn consumers of the presence of lead in its snack bars in contravention of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Envtl. Research Ctr., Inc. v. Clif Bar & Co.,…
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Monsanto GE Wheat Cases Consolidated Before Kansas MDL Court
The Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of five cases brought by wheat farmers who allege economic injuries due to lower wheat prices, import restrictions and increased production costs after genetically engineered (GE) wheat was discovered in an Oregon farmer’s field; pretrial matters will be heard by a multidistrict litigation (MDL)…
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Florida Beer Consumer Claims AB Misleads About Origin of Beck’s Beer
A Florida resident has filed a complaint on behalf of a putative class against Anheuser-Busch Cos. (AB), claiming that since the company began producing Beck’s Beer in the United States in 2012, it has misled consumers into believing that the product is still imported from Germany where it was made with quality ingredients for more…
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Federal Court Refuses to Stay Three Suits Challenging “100% Natural” Labels
A federal court in California has denied the request of General Mills, Inc. to stay the proceedings in three putative class actions alleging that it misleads consumers by promoting various products as “100% Natural” given ingredients that are genetically modified or highly processed, such as high-fructose corn syrup, high-maltose corn syrup and maltodextrin. Rojas v.…
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Claims Pared in Consumer Fraud Suits Against Wallaby Yogurt and Trader Joe’s
A federal court in California has dismissed certain claims, with leave to amend, in putative class litigation challenging various aspects of labels for Wallaby Yogurt Co. and Trader Joe’s Co. food products; it has refused to abstain from deciding the matters under the primary jurisdiction doctrine. Morgan v. Wallaby Yogurt Co., Inc., No. 13-296, Gitson…
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Court Dismisses Claims About Inaccurate Calorie Counts
A federal court has dismissed without prejudice the first amended complaint filed in a putative class action alleging that Weight Watchers International misleads consumers by misrepresenting the number of calories in its line of diet ice cream bars. Burke v. Weight Watchers Int’l, Inc., No. 12-6742 (D.N.J., decided October 17, 2013). While the court held…
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No Reasonable Consumer Would Be Fooled by Butter Spread Labels, Court Rules
A California appeals court has affirmed the dismissal with prejudice of a putative class action alleging that Kroger Corp. misled consumers by failing to comply with federal and state law requirements for labeling its Challenge® spreadable butter products. Simpson v. The Kroger Corp., No. B242405 (Cal. App. Ct., decided September 25, 2013). The court found…
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Telluride SSB Tax Campaign Heats Up Ahead of Vote
According to media sources, the campaigns for and against a proposed 1-cent per ounce excise tax on all sugar-sweetened beverages (SSBs) sold in Telluride, Colorado, have stepped up their efforts in advance of November voting. Primarily funded by a Houston-based hedge fund, which donated $50,000 to the cause, “Kick the Can Telluride” has reportedly taken…