Category: Issue 669
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Several Claims Dismissed in Aspartame Case
A California federal court has dismissed a putative class action against Dr Pepper Snapple Group without prejudice, finding the plaintiff may be able to amend her complaint to “plausibly allege” that aspartame causes weight gain. Becerra v. Dr Pepper Snapple Grp., No. 17-5921 (N.D. Cal., entered March 30, 2018). Although the plaintiff is not required to…
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France Challenges Trademark Application for “Beardeaux” Wines
The French agency responsible for protecting the country’s agricultural appellations of origin has filed a notice of opposition to a California winery’s application for the trademark “Beardeaux,” arguing that the use would dilute the protected term “Bordeaux” used to designate wines from southwestern France. Institut National de l’Origine et de la Qualité v. Bear River…
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“Heart-Check Mark” Misleads, Consumer Alleges
A consumer has filed a putative class action alleging StarKist Co. misleads consumers by displaying the American Heart Association’s Heart-Check Mark on its products. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., filed April 4, 2018). The complaint asserts, “Reasonable consumers see the Heart-Check Mark and mistakenly believe that a product with a Heart-Check Mark is…
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Dairy Challenges FDA Skim Milk Labeling on First Amendment Grounds
A Maryland dairy has filed a First Amendment lawsuit challenging a U.S. Food and Drug Administration (FDA) regulation requiring skim milk without vitamins A and D added to be labeled “imitation.” S. Mountain Creamery, LLC v. FDA, No. 18-0738 (M.D. Pa., filed April 4, 2018). According to the complaint, South Mountain Creamery cannot selling its “all-natural, additive-free,…
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Lawsuits Challenge Fruit Content in V8, Sunny Delight
Represented by the same attorneys, consumers have filed lawsuits alleging that two beverage companies misrepresent the amount of fruit in their fruit-flavored beverages. Campbell Soup Co. “sells artificially-flavored sugar-water labeled as if it were fruit juice,” the plaintiff in one lawsuit alleges. Sims v. Campbell Soup Co., No. 18-0668 (C.D. Cal., filed April 2, 2018).…
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Court Allows Citrus-Related Claims in Cold-Pressed Juice Suit to Proceed
A New York federal court has dismissed most of the claims in a cold-pressed juice putative class action but will allow to proceed allegations related to heat-processing of citrus juices. Davis v. Hain Celestial Grp., Inc., No. 17-5191 (E.D.N.Y., entered April 3, 2018). The court dismissed the complaint’s allegations involving high-pressure processing, finding that “the label…
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Court Denies Summary Judgment in Pizza Puff Trademark Dispute
A federal court in Illinois has denied summary judgment to both parties involved in a trademark dispute over the use of “pizza puffs,” finding that a reasonable jury could rule for either on the question of whether the term is generic. Illinois Tamale Co. v. El-Greg, Inc., No. 16-5387 (N.D. Ill., entered March 29, 2018).…
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Olive Oil Maker Settles Class Action for $7 Million
The maker of Bertolli olive oil has agreed to pay $7 million to settle a class action alleging the company misrepresented the origin and quality of its products. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., motion filed April 3, 2018). Deoleo USA previously removed the contested phrase “Imported from Italy” from the challenged…