Category: Issue 553
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Putative Class Action Alleges Muscle Milk False Labeling
A group of consumers has filed a putative class action against Cytosport Inc., maker of Muscle Milk, alleging that its powdered and ready-to-drink protein supplements do not contain the ingredients and characteristics advertised on its packaging. Clay v. Cytosport Inc., 15-165 (S.D. Cal., filed January 23, 2015). The plaintiffs argue that independent scientific testing shows…
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Claims Cut in 5-Hour Energy MDL
A California federal court has dismissed without leave to amend claims that the makers of 5-Hour Energy—Innovation Ventures LLC, Living Essentials LLC, Manoj Bhargava, and Bio Clinical Development Inc.—falsely advertised their product as boosting its users’ energy levels with B-vitamins and amino acids rather than caffeine. In re: 5-Hour Energy Mktg. & Sales Practices Litig.,…
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Claims Trimmed in Bacon-Related Action Against Hormel
A Minnesota federal court has granted in part and denied in part a motion to dismiss in a lawsuit alleging that Hormel Food Corp. stole trade secrets and breached contractual agreements in its joint venture to develop new methods of cooking bacon. Unitherm Food Sys. Inc. v. Hormel Food Corp., No. 14-4034 (D. Minn., order…
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Plaintiff’s Failure to Define “Natural” Dooms Kettle Chip Labeling Suit
A Missouri federal court has dismissed a lawsuit challenging the “all natural” labels of Cape Cod Chips because the plaintiff failed to provide a suitable definition of “natural.” Kelly v. Cape Cod Potato Chip Co., No. 14-119 (W.D. Mo., order entered January 27, 2015). The plaintiff alleged that 16 varieties of Cape Cod Chips were…
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D.C. Circuit Upholds False Ad Claims Against POM Wonderful
The D.C. Circuit Court of Appeals has affirmed a Federal Trade Commission (FTC) order that found POM Wonderful’s advertising to be misleading for claiming that its products treat or reduce the risk of several medical conditions, including prostate cancer and heart disease. POM Wonderful, LLC v. FTC, No. 13-1060 (D.C. Cir., order entered January 30, 2015).…
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U.S. Lawmakers Once Again Propose Creating Single Federal Agency to Oversee Food Safety
Rep. Rosa DeLauro (D-Conn.) and Sen. Richard Durbin (D-Ill.) this week introduced legislation (Safe Food Act of 2015) that would consolidate food safety duties currently managed by 15 different agencies to the oversight of a single food safety authority. “The fragmented nature of our food safety system has left us more vulnerable to the risk of…