Category: Issue
-
Court Approves Publicity Plan for Safeway Tuna Settlement
A California federal court has approved a plan to publicize the settlement of a proposed class action filed against Safeway alleging the supermarket chain underfilled its canned tuna. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order entered May 4, 2017). The judge approved the settlement in March 2017 but was concerned that potential…
-
Plaintiff Claims Ginger Snaps Marketing Misleads
A consumer has filed a lawsuit alleging Mondelez International misleadingly markets Ginger Snaps cookies as healthy. Winn v. Mondelez Int’l, No. 17-2524 (N.D. Cal, removed to federal court May 3, 2017). The proposed class action claims that Ginger Snaps packages were marketed with the phrases “Made With Real Ginger and Molasses” and “Sensible Solutions,” leading…
-
Bumble Bee Pleads Guilty to Felony in Price-Fixing Conspiracy
Bumble Bee Foods, LLC has agreed to plead guilty to one felony count for its role in a conspiracy to fix prices of shelf-stable tuna and will pay a minimum $25 million fine. U.S. v. Bumble Bee Foods LLC, No. 17-CR-249 (N.D. Cal. May 8, 2017). According to the U.S. Department of Justice, Bumble Bee…
-
Putative Class Action Claims Slack-Fill Violations in Chocolate Packaging
Candy maker Fannie May faces a proposed class action alleging the confectioner underfilled some of its 7-ounce chocolate boxes by as much as 50 percent. Benson v. Fannie May, No. 17-3519 (N.D. Ill., filed May 10, 2017). The allegations involve boxes of Hot Fudge Truffles, Mint Meltaways , Peanut Butter Buckeyes, milk and dark Sea…
-
Mott’s Applesauce Sued Over “Natural” Labeling
Consumer advocacy group Beyond Pesticides has filed suit against the maker of Mott’s applesauce products, alleging the term “natural” on its labels misleads consumers because the products contain the pesticide acetamiprid. Beyond Pesticides v. Dr Pepper Snapple Grp., No. 2017 CA 003156 B (D.C. Super. Ct., filed May 5, 2017). The plaintiff asserts that the…
-
NYC Considering Bill Requiring Curbside EPS Container Recycling
New York City is reportedly considering a bill that would require curbside recycling of expanded polystyrene foam (EPS) containers. The city’s Sanitation Department is currently under a court mandate to develop a plan to collect and clean EPS containers. New York City previously attempted to ban EPS containers in 2013, but a court invalidated the…
-
Beverage Mislabeling Suit Dismissed After Plaintiffs Admit They Knew ECJ Was Sugar
A California federal court has ruled that plaintiffs who admitted to reading Healthy Beverage’s website cannot sue the company for listing evaporated cane juice (ECJ) on the ingredient list rather than sugar. Swearingen v. Healthy Beverage, No. 13-4385 (N.D. Cal., order entered May 5, 2017). The plaintiffs initially filed a putative class action claiming Healthy…
-
USDA Postpones Organic Livestock and Poultry Rule
The U.S. Department of Agriculture (USDA) has delayed the effective date of a final rule amending organic livestock and poultry requirements and requests additional public comment. The effective date of the rule has been postponed from May 19, 2017, to November 14, 2017. Interested parties may submit written comments by June 9, 2017. Issue…