Category: Issue 539
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German Appeals Court Dismisses Challenge to Ritter Sport’s “Natural” Vanilla Flavor
A German appeals court has dismissed a lawsuit brought by consumer group Stiftung Warentest accusing candy manufacturer Ritter Sport of labeling its Whole Hazelnut bar as natural despite containing piperonal, which the group contends can only be obtained using unnatural chemicals. The ruling prevents Stiftung Warentest from claiming Ritter is misleading customers but does not…
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Court Dismisses John Wayne Estate’s Suit Against Duke University
A California federal court has granted Duke University’s motion to dismiss in a lawsuit filed by John Wayne Enterprises seeking a declaratory judgment that its registration and use of Duke trademarks are not likely to cause consumer confusion and do not violate or dilute the school’s trademarks. John Wayne Enterprises, LLC v. Duke Univ., No. 14-1020…
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Court Rejects Wax Maker’s Bid to Leave Kellogg’s Cereal Bag Recall Suit
A Michigan federal court has denied The International Group Inc.’s (IGI’s) motion for summary judgment in a case alleging that the waxmaker and FPC Flexible Packaging Corp. provided Kellogg with non-merchantable cereal bags. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272 (W.D. Mich., order entered September 30, 2014). IGI supplied wax to FPC, which…
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Settlement Approved in Pret A Manger Don-Doff Class Action
A New York federal court has approved a $910,000 settlement in a class action contending that Pret A Manger failed to pay employees for the time it took them to put on uniforms or time spent waiting for the changing room. Trinidad v. Pret A Manger (USA) Ltd., No. 12-6094 (S.D.N.Y., order entered September 19, 2014).…
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Third Circuit Upholds Nutella False Advertising Settlement
The Third Circuit Court of Appeals has found that a lower court did not abuse its discretion in approving a $3 million settlement offer in a nationwide class action alleging that Ferrero USA falsely advertised Nutella hazelnut spread as nutritious for children. In re Nutella Mktg. & Sales Practices Litig., No. 12-3456 (3rd Cir., order…
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Waiter Claims Upscale Eatery Forced Tip Sharing
According to a news source, a Smith & Wollensky waiter has filed a putative class action lawsuit in a Nevada state court alleging that he was forced to share tips with assistant and general managers and even had to pay them hundreds of dollars for preferential customers, tables, shifts, or time off. Waiter Mario Viggiani…
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Jamba Juice Class Certified for Liability
A California federal court has certified a statewide liability class in a lawsuit accusing Jamba Juice of labeling its home smoothie kits as “all natural” despite containing five synthetic ingredients—ascorbic acid, xanthan gum, steviol glycosides, modified corn starch, and gelatin—but it refused to certify the class for damages. Lilly v. Jamba Juice Co., No. 13-2998…
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Class Certified in Olive Oil Misbranding Litigation
A New York bankruptcy court and federal court have issued orders certifying classes in litigation against Kangadis Food, Inc. d/b/a The Gourmet Factory and related entities, alleging that the company falsely labeled its products as “100% Pure Olive Oil” when they actually contain the industrially processed substance “olive-pomace oil,” “olive-residue oil” or “Pomace.” In re…