Category: Issue 681
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Philadelphia SSB Tax Upheld
The Pennsylvania Supreme Court has affirmed a lower court’s ruling upholding Philadelphia’s tax on sugar-sweetened beverages (SSBs), holding that the tax is not preempted by state law. Williams v. Philadelphia, Nos. 2 EAP 2018, 3 EAP 2018 (Pa., entered July 18, 2018). The 1.5-cents-per-ounce tax, which took effect in January 2017, applies to SSB distributors…
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Trader Joe’s Manuka Honey Is Impure, Lawsuit Alleges
Three plaintiffs have filed a projected class action alleging Trader Joe’s Co.’s “100%” Manuka Honey contains about 60 percent manuka honey. Moore v. Trader Joe’s Co., No 18-4418 (N.D. Cal., Oakland Div., filed July 20, 2018). The consumers allege that they paid a premium for the honey, which purportedly provides antibacterial benefits, because the jars…
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Plaintiff Alleges “Natural,” “No Preservatives” Chips Contain Citric Acid
Diamond Foods LLC faces a putative class action alleging Kettle Foods potato chips are marketed as “Made with Natural Ingredients” and “No Preservatives” but contain citric acid. Mason v. Diamond Foods LLC, No. 18-6423 (S.D.N.Y., filed July 16, 2018). The complaint identifies several flavors of chips that allegedly contain the “synthetic compound,” purportedly produced from mold…
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Complaint Alleges Blizzard Coupon Was Bait-and-Switch
International Dairy Queen Inc. faces a potential class action alleging it violated consumer-protection laws with a “bait-and-switch” scheme by advertising a free Blizzard without verifying that all store locations would honor the coupon. Spencer v. Int’l Dairy Queen, Inc., No. 18-1252 (D. Ore., filed July 13, 2018). The complaint alleges that the plaintiffs viewed an…
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Fruit Snacks Maker Alleges Infringement by Sunkist Gummies
Promotion in Motion Inc., which produces Welch’s Fruit Snacks, has filed a lawsuit alleging that Kervan USA’s packaging and product design for Sunkist Fruit Gummies infringe its trademarks and trade dress. Promotion in Motion Inc., v. Kervan USA LLC, No. 18-11670 (D.N.J., filed July 16, 2018). Although Sunkist Fruit Gummies have not been released, Kervan…
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Plaintiff Challenges “Natural” Orange Juice
A consumer has filed a putative class action alleging that Florida’s Natural Orange Juice is not “natural” because it is “highly processed” and contains pesticide residues. Axon v. Citrus World Inc., No. 18-4162 (E.D.N.Y., filed July 20, 2018). The complaint alleges that Citrus Inc. markets Florida’s Natural with illustrations on the packaging of “green leaves…
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FDA Commissioner Questions Milk Standards Enforcement
At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the agency’s standards of identity for milk have not been enforced. According to the standard of identity, milk is “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows,” a definition…
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Cattle Producer Receives Warning on Antibiotic Use
The U.S. Food and Drug Administration (FDA) has sent a warning letter to Roorda Dairy advising that an investigation of its premises revealed cattle sold for food that tested positive for unapproved antibiotics. The agency purportedly tested muscle tissue and found antibiotics used contrary to the approved label use and found no evidence of veterinary…