Food & Beverage Litigation & Regulatory Update

Category: Issue 511

  • Russian Supreme Court Deems Challenge to GM Registration Rule Premature

    According to a news source, the Russian Supreme Court has denied a challenge filed by environmental groups to government Decree No. 839, which will allow the registration of genetically modified (GM) crops and products containing GM ingredients beginning July 1, 2014. Prime Minister Dmitry Medvedev signed the decree in late September 2013, and the groups…

  • Chobani Prohibited from Using “Greek” Yogurt Designation in U.K.

    The England and Wales Court of Appeal has dismissed the appeal filed by Chobani from a lower court’s grant of permanent injunction barring the company from selling “Greek yogurt” in the United Kingdom, finding that the court did not err in ruling that “FAGE was entitled to restrain Chobani from passing off its American made…

  • Putative Class Claims Decaffeinated Coffee Labels Mislead

    A California resident has filed a putative statewide class action against Ralphs Grocery Co., alleging that it misleads consumers by labeling its decaffeinated coffee products as “without caffeine” when they are actually, according to labeling fine print, “99.7% caffeine free.” Kopalian v. Ralphs Grocery Co., No. BC533846 (Cal. Super. Ct., Los Angeles Cty., filed January…

  • Pet Food Plaintiff Seeks Class Settlement Approval

    An unopposed motion for preliminary approval of a class-action settlement has been filed in a federal court in New York to resolve the claims of those who allegedly purchased Salmonella-contaminated pet food that was subject to a nationwide recall and purportedly linked to infections in people and animals. Marciano v. Schell & Kampeter, Inc., No.…

  • Cantaloupe Farmers Sentenced, No Jail Time

    A federal magistrate in Denver, Colorado, has sentenced Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly Listeria outbreak in 2011, to five years of probation, with the first six months in home detention, 100 hours of community service each, and the payment of restitution—$150,000 each—with the money awarded to their…

  • Court Denies Class Cert. Request in Pet Treat Litigation

    Finding significant differences among the state laws applicable to a putative nationwide class action alleging injury to pets and economic damages from the purchase of dog treats containing chicken jerky from China, a federal court in California has denied the plaintiff’s request for class certification. Holt v. Globalinx Pet LLC, No. 13-0041 (C.D. Cal., S.…

  • Claims Dismissed with Prejudice in Baby Food Lawsuit

    A federal court in California has dismissed with prejudice a number of claims in a putative nationwide class action alleging that Gerber Products Co. misleads consumers and violates state and federal labeling laws by making certain nutrient-content and sugar-related claims on its baby food product labels. Bruton v. Gerber Prods. Co., No. 12-2412 (N.D. Cal., order…

  • Court Dismisses Bulk of Consumer-Fraud Action Against Mott’s

    A federal court in California has dismissed putative class claims relating to any product other than Mott’s 100% Apple Juice because the plaintiff failed to properly allege that the company’s numerous sauce products are mislabeled under state and federal law. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered January 29, 2014). The court…