Food & Beverage Litigation & Regulatory Update

Category: Issue 632

  • Study Alleges Diet Soda Linked to Increased Stroke and Dementia Risk

    A study examining the health effects of sugary and artificially sweetened beverages has allegedly concluded that consumption of the latter was associated with an increased risk of stroke and dementia. Matthew P. Pase et al., “Sugar­ and Artificially Sweetened Beverages and the Risks of Incident Stroke and Dementia,” Stroke, May 2017. Based on data from…

  • Jagermeister Files TTAB Opposition to Application for Deer Head Mark

    Mast­Jagermeister SE has filed an opposition to a trademark application by apparel company Offseason Outdoors for a logo featuring a deer’s head. Mast­Jagermeister SE v. Offseason Outdoors, No. 91234087 (T.T.A.B., opposition filed April 19, 2017). Jagermeister, which marks its alcohol products with deer head images, filed its notice of opposition to Offseason’s trademark application, claiming…

  • Omaha Steaks Faces Shipping Charges Class Action

    A California plaintiff has filed a projected class action against Omaha Steaks alleging the company’s shipping and handling charges “greatly exceed” the actual cost of shipping items to consumers. McCoy v. Omaha Steaks Int’l, No. BC658076 (Sup. Ct. Cal., Los Angeles Cty., filed April 14, 2017). The plaintiff asserts that he was charged $15.99 in…

  • Chobani Sues Alex Jones for Defamation

    Chobani LLC has reportedly filed a libel suit against Alex Jones, radio host and founder of Infowars, alleging Jones defamed the company with a report that its Idaho factory was linked to a child sexual assault case and a rise in incidents of tuberculosis. Chobani LLC v. Jones, No. 42­17­1659 (Idaho 5th Jud. D. Ct.,…

  • Second Circuit Upholds Milk Price-Fixing Settlement

    The Second Circuit has upheld the $50­ million settlement of an alleged milk price-­fixing conspiracy, holding that “[b]y their nature, settlements are compromises that do not provide either side with all that they might have hoped to obtain in litigation.” Haar v. Allen, No. 16­1944 (2d Cir., order entered April 18, 2017). The class action…

  • Ketchup Cap Maker Sues Kraft Heinz for Trade-Secret Misappropriation

    Kraft Heinz Foods faces a trade-­secret suit alleging it distributed documents containing confidential and proprietary drawings and specifications for plastic caps created by one of its long­-time vendors. AptarGroup, Inc. v. Kraft Heinz Foods Co., No. 17­521 (W.D. Pa., filed April 21, 2017). AptarGroup argues that Kraft distributed engineering and customer drawings providing detailed specifications…

  • Putative Class Action Alleges GMO Foods Are Not “Natural”

    A Florida plaintiff has filed a putative class action against the maker of Tabatchnick soups, alleging its products cannot be called “natural” because they contain genetically modified organisms (GMOs). Ramsaran v. Tabatchnick Fine Foods, Inc., No. 17­60794 (S.D. Fla., filed April 24, 2017). The complaint asserts that 19 Tabatchnick soups labeled or advertised as “all…

  • Ginger Ale Labeling Suit to Proceed Against Dr Pepper

    A federal court has reportedly refused to dismiss a mislabeling class action alleging Dr Pepper’s Canada Dry Ginger Ale contains “real ginger” but dismissed the plaintiffs’ fraud claims with leave to amend. Fitzhenry-­Russell v. Dr Pepper Snapple Grp., Inc., No. 17­0564 (N.D. Cal., motion hearing April 19, 2017). While the court found the plaintiffs’ labeling…