Category: Issue 638
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Beer Distributor To Pay $2-Million Fine For Trade Practice Violations
The attorney general of New Jersey has announced an “unprecedented” $2-million fine in a settlement with a craft beer and spirit wholesaler accused of trade practice violations. Div. of Alcoholic Beverage Control v. Hunterdon Brewing Co. LLC, No. L0002 (N.J. Dep’t of Law Public Safety, consent order filed May 31, 2017). New Jersey alleged that…
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GMO Complaint Dismissed Against Tabatchnick Soups
A complaint against the maker of Tabatchnick soups that alleged the company’s products could not be called “natural” because they contain genetically modified organisms (GMOs) has been voluntarily dismissed. Ramsaran v. Tabatchnick Fine Foods, Inc., No. 17-60794 (S.D. Fla., dismissed June 9, 2017). The plaintiff had argued that he relied on the company’s “all natural”…
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Jelly Belly ECJ Suit Dismissed With Leave to Amend
A plaintiff’s “cursory, formulaic recitation” of her purchase of Jelly Belly Candy Co.’s Sport Beans did not include enough factual allegations to establish a claim for relief, a California federal court has ruled. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., order entered June 8, 2017). The plaintiff had alleged the candy maker’s…
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Bulleit® Bourbon Maker Asserts Trade-Dress Rights to “Canteen-Shaped” Bourbon Bottle
Diageo has filed a trademark-infringement and dilution lawsuit against a competitor that allegedly mimicked Diageo’s Bulleit® bottle shape and labeling. Diageo N. Am. V. W.J. Deutsch & Sons, No. 17-4259 (S.D.N.Y., filed June 6, 2017). Diageo asserts that Bulleit® is sold in a “distinctive canteen-shaped bottle featuring embossed lettering” on the label, meant to “evoke…
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Data Breach Class Action Filed Against Chipotle
A consumer has filed a putative class action alleging Chipotle Mexican Grill, Inc. failed to take measures to prevent an April 2017 data breach in which hackers used malware to steal customer data from the magnetic stripes on payment cards. Baker v. Chipotle Mexican Grill, Inc., No. 17-1134 (C.D. Cal., filed June 9, 2017). The…
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Class Decertified in Kraft “Natural” Cheese Suit
A California federal court has decertified a class and granted partial summary judgment in an action alleging Kraft Foods Group falsely advertised its fat-free cheddar cheese as “natural.” Morales v. Kraft Foods Grp., No. 14-4387 (C.D. Cal, order entered June 9, 2017). Details on previous decisions in the case appear in Issues 570 and 625…
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Plant-Based Products Cannot Be “Milk, ” ECJ Rules
The European Court of Justice (ECJ) has ruled that plant-based products cannot use milk- or dairy-related terms for product names or in marketing because the terms are “exclusively” reserved for animal-milk products under EU law. Verband Sozialer Wettbewerb eV v. Tofu Town.com GmbH, Case C 422/16 (order entered June 14, 2017). Verband Sozialer Wettbewerb eV,…
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Consumer Group Files FOIA Lawsuit for List of NPIS Participants
Food & Water Watch, a consumer advocacy group, has filed suit against the U.S. Department of Agriculture (USDA) and the Food Safety and Inspection Service over the agencies’ denial of the group’s Freedom of Information Act (FOIA) requests asking for the names of companies that opted to participate in the New Poultry Inspection System (NPIS).…