Category: Issue 505
-
Phosphorus Intake Allegedly Tied to Increased Mortality Risk
A recent study has reportedly linked high phosphorus consumption to increased all-cause mortality in a healthy adult population, raising concerns about the use of inorganic phosphorus additives in processed food. Alex Chang, et al., “High dietary phosphorus intake is associated with all-cause mortality: results from NHANES-III,” American Journal of Clinical Nutrition, November 2013. Relying on…
-
Boston Public Radio Program Asks Whether Sugar Is FDA’s Next Target
The public radio program Here and Now recently asked Corby Kummer, a food writer and senior editor for The Atlantic, whether the U.S. Food and Drug Administration’s (FDA’s) move to revoke the generally recognized as safe (GRAS) status for trans fat lays the groundwork for the agency to take a similar action against the use…
-
D.C. Court Dismisses Part of “Extra Virgin” Olive Oil Consumer-Fraud Suit
A District of Columbia court has determined that a plaintiff who purchased a bottle of Pompeian-brand extra-virgin olive oil (EVOO) after learning that testing done in 2010 and 2011 concluded that certain EVOO brands did not satisfy U.S. and international EVOO standards has standing to bring certain consumer-fraud claims despite purportedly believing that the product…
-
Court Preliminarily Approves $5 Million Muscle Milk® Class Settlement
A federal court in California has given preliminary approval to the settlement of a nationwide class alleging that Cytosport, Inc. misleads consumers by representing that its Muscle Milk® Ready-to-Drink products are healthy and nutritious when they actually contain the same amount of calories and almost as much fat as a doughnut. Delacruz v. Cytosport, Inc.,…
-
Putative Class Claims Hemp Beverages Not “All Natural”
A California resident has filed a putative nationwide class action against Pacific Foods of Oregon, Inc., alleging that the company falsely labels its Hemp NonDairy Beverage® products as “all natural” despite the presence of processed and artificial ingredients and misbrands them by listing as an ingredient “evaporated cane juice.” Perera v. Pac. Foods of Or.,…
-
Court Refuses to Dismiss “All Natural” Frozen Smoothie Kit Claims
A federal court in California has denied the motion to dismiss putative class claims that Jamba Juice falsely labels its frozen smoothie kits as “all natural,” finding that while the plaintiffs lack standing to assert claims related to products they did not buy, “they may seek to represent a class of people who have purchased…
-
Single-Serve Coffee Class Denied Certification
A federal court in Illinois has denied a request that it reconsider an earlier order denying certification of a multi-state class of single-serve coffee purchasers allegedly deceived into believing that the product was ground coffee and not instant; the court has also granted the defendants’ motions for summary judgment. Suchanek v. Sturm Foods, Inc., No. 11-565…
-
Second Circuit Dismisses Starbucks Tip-Sharing Suit
In a summary order, the Second Circuit Court of Appeals has affirmed a lower court’s dismissal of employee claims that Starbucks Corp. violated New York law by allowing shift supervisors to share store tip pools with baristas. Barenboim v. Starbucks Corp., No. 10-4912 (2d Cir., decided November 21, 2013). Details about the New York Court of…