Category: Issue 518
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Challenges to Ag-Gag Bills on the Dockets in Idaho and Utah
The University of Denver law professors who filed a challenge to Utah’s law barring audio or video recordings of purported animal abuse in agricultural operations have filed a second challenge to a similar law that recently took effect in Idaho. Animal Legal Def. Fund v. Otter, No. 14-0104 (D. Idaho, filed March 17, 2014). Both…
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ECJ Tea Lawsuit Removed to Federal Court
The defendant in litigation alleging that it conceals the sugar added to its tea-like yerba mate products by listing the ingredient as “organic evaporated cane juice” has removed the action to federal court. Cowan v. Guayaki Sustainable Rainforest Prods., Inc., No. 14-1248 (N.D. Cal., removed March 17, 2014). The plaintiff, a California resident with a family…
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No Class Certification in Labor Code Suit Against Starbucks
A federal court in California has refused to certify four classes of Starbucks employees in litigation alleging that its rest break policy and scheduling practices, and meal period policy and practices violated the state’s Labor Code and Unfair Competition Law. Cummings v. Starbucks Corp., No. 12-6345 (C.D. Cal., decided March 24, 2014). As to the…
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Court Dismisses Claim for Injunctive Relief Against Yogurt Maker
While a federal court in California has dismissed a request for injunctive relief in a consumer fraud action against Wallaby Yogurt Co. for lack of standing, it will allow the first amended complaint’s remaining claims to proceed. Morgan v. Wallaby Yogurt Co., Inc., No. 13-0296 (N.D. Cal., order entered March 13, 2014). Additional details about…
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Court Decertifies Consumer Fraud Class in POM Wonderful MDL
A federal multidistrict litigation (MDL) court in California has granted POM Wonderful’s motion to decertify a class of claimants alleging that they were misled by health-benefit representations for the company’s pomegranate juice. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal., order entered March 25, 2014). Details about the…
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D.C. Circuit Upholds COOL Regulations in Preliminary Injunction Context
The D.C. Circuit Court of Appeals has affirmed a lower court ruling denying the motion for preliminary injunction filed by meat producer interests in litigation challenging U.S. Department of Agriculture (USDA) regulations requiring retailers of “muscle cuts” of meat to list the countries of origin and production (country-of-origin labeling or COOL) as to each step…
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OEHHA Adds Methyl Isobutyl Ketone to Prop. 65 List of Reproductive Toxicants
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has added methyl isobutyl ketone to the list of chemicals known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). The chemical is used as a solvent for vinyl, epoxy, acrylic and natural resins, and…
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French Senate Report Calls for Junk-Food Tax
A French Senate committee has issued a report, “Taxation and Public Health: Evaluation of Behavioral Taxation,” urging lawmakers to implement a “behavioral tax” to counteract poor dietary habits and help cover health care expenditures associated with consumption of “unhealthy” foods. While emphasizing the need for a sugar-sweetened beverage tax, the report also advocates harmonizing tax…