Category: Issue
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Second Circuit Affirms Organic Baby Food Suit Dismissal
The Second Circuit has affirmed the dismissal of a putative class action that alleged Abbott Laboratories Inc. falsely represented its Similac Advance Organic Infant Formula as organic, ruling the plaintiffs’ state-law claims are barred by the Organic Foods Production Act (OFPA). Marentette v. Abbott Labs. Inc., No. 17-0062 (2d Cir., entered March 23, 2018). The…
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Consumer Challenges Pabst’s Olympia Beer Source
A consumer has filed a putative class action alleging Pabst Brewing Company LLC’s Olympia beer labels falsely imply the product is brewed from artesian water in Washington despite being brewed in a facility in Los Angeles. Peacock v. Pabst Brewing Co. LLC, No. 18-0568 (E.D. Cal., filed March 15, 2018). The complaint alleges that although…
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Eleventh Circuit Reverses Jury Verdict in Contaminated Oyster Case
Ruling that the jury instructions were misleading, the U.S. Court of Appeals for the Eleventh Circuit has reversed a jury verdict finding for a seafood restaurant in a lawsuit involving allegations of foodborne illness. Rhodes v. Lazy Flamingo 2 Inc., No. 17-11338 (M.D. Fla., entered March 29, 2018). The plaintiffs alleged negligence per se after…
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Federal Court Dismisses Shareholder Suit Against Chipotle
A federal court in New York has dismissed with prejudice a shareholder suit against Chipotle Mexican Grill Inc., finding the plaintiffs were unable to allege that the company made “demonstrably false” statements about foodborne illness outbreaks linked to its restaurants. Ong v. Chipotle Mexican Grill, No. 16-0141 (S.D.N.Y., entered March 22, 2018). The plaintiffs alleged that Chipotle…
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Plaintiffs Allege Kombucha Drinks Contain More Sugar Than Advertised
A consumer has filed a putative class action alleging Health-Ade LLC’s kombucha contains four to five times the amount of sugar listed on its label. Gonzalez v. Health-Ade LLC, 28-1836 (N.D. Cal., filed March 23, 2018). The complaint alleges that the nutrition panels for nine of Health-Ade’s products state they contain from two to four grams…
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In-N-Out Burger Seeks Restraining Order Against YouTuber
In-N-Out Burger has reportedly requested a restraining order against a YouTube video creator who allegedly posed as the company’s CEO at two of its restaurants. The man allegedly argued with employees, demanded that kitchen employees prepare him food for a “taste test,” and took food out of a customer’s hand, threw it on the floor…
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Livestock Producers Divided on Use of Antibiotics
The New York Times has published a report exploring the debate among meat producers, scientists and regulators on the role of antibiotics in cattle feed. The U.S. Food and Drug Administration has banned the use of antibiotics for livestock growth, but many producers continue to use the prescription-only substances for disease prevention. The debate centers on…
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Study Links High Phthalate Levels and Dining Out
A study has reportedly found that Americans who consumed more restaurant, fast-food and cafeteria meals had phthalate levels up to 35 percent higher than those who ate out less frequently. Julia R. Varshavsky, et al., “Dietary sources of cumulative phthalate exposure among the U.S. general population in NHANES 2005-2014,” Environment International, March 29, 2018. The data…