Category: Issue 657
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Five Guys Faces Allegations of Gender-Based Pay Discrimination
A former employee has filed a discrimination lawsuit alleging Five Guys Operations paid female employees less than similarly situated male employees, echoing a similar lawsuit she filed in 2016. Finefrock v. Five Guys Operations, LLC, No. 17-2214 (M.D. Pa., filed December 1, 2017). The plaintiff asserts that after she and two other female general managers confronted…
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Sonic Data Breach Cases Transferred to Northern District of Ohio
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has transferred five class actions related to a data breach at Sonic restaurants to the Northern District of Ohio, where the assigned court is presiding over a potential tag-along case. In re Sonic Corp. Customer Data Sec. Breach Litig., MDL No. 2807 (entered December 6, 2017). Sonic…
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Utz Settles “Natural” Class Action for $1.25 Million
Utz Quality Foods Inc. has agreed to pay $1.25 million to settle a putative class action alleging that some products were labeled “natural” despite containing genetically modified organisms (GMOs) and synthetic ingredients. DiFrancesco v. Utz Quality Foods, Inc., 14-14744 (D. Mass., settlement agreement filed December 6, 2017). The complaint alleged the snacks contained GMO grains…
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Proposed Ban on SSB Taxes in Pennsylvania Forthcoming
A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the 1.5-cent-per-ounce tax that took effect in Philadelphia in January 2017 after a failed challenge in court. Although Rep. Mark…
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Plaintiff Seeks Class Action Over Bumble Bee Smoked Salmon Labeling
A plaintiff has filed a lawsuit alleging Bumble Bee Foods’ Medium Red Smoked Salmon Fillet in Oil is neither medium red wild coho salmon nor smoked. Rodriguez v. Bumble Bee Foods Inc., No. 17-2447 (S.D. Cal., filed December 6, 2017). The complaint asserts that the term “medium red” is commonly used to describe wild coho salmon,…
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Federal Court Dismisses “Natural” Labeling Suit Against Dannon
A New York federal court has dismissed a false labeling suit against Dannon Co., finding “no legal support for the idea that a cow that eats [genetically modified organism (GMO)] feed or is subjected to hormones or various animal husbandry practices produces ‘unnatural’ products.” Podpeskar v. Dannon Co. Inc., No. 16-8478 (S.D.N.Y., entered December 3,…
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Report Explores Possible Causes for Rise in Saturated Fats
Responding to pressure from health groups, the government and consumer demand, food companies have been reducing levels of sugar and salt in their foods, the Washington Post reports, but levels of saturated fats in the updated recipes for these reduced-salt or -sugar foods have surged. The Post cites a November 2017 report from the U.S. Department of Agriculture (USDA)…
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Plaintiff Alleges Whole Foods “Calculated” Overcharges on Snack Bars
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. charged him $1.29 for snack bars despite advertising them as $1.00 each. Alston v. Whole Foods Mkt. Grp. Inc., No. 17-2580 (D.D.C., removed to federal court December 4, 2017). The plaintiff alleges that he purchased snack bars over several visits to…