Category: 11th Circuit
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Snyder’s-Lance Seeks Dismissal of “Natural” Class Action Complaint
Snack maker Snyder’s Lance, Inc. has filed a motion to dismiss an amended class complaint filed by representative plaintiffs alleging that the company misleads consumers by labeling its products as “natural” when they contain genetically modified ingredients. Barron v. Snyder’s Lance, Inc., No. 13-62496 (S.D. Fla., Miami Div., motion filed March 10, 2014). Among other…
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Court Dismisses ECJ Claims Against Amy’s Kitchen
A federal court in Florida has dismissed, without prejudice, a putative statewide class action filed against Amy’s Kitchen, alleging that the company misleads consumers by identifying the sugar in its products as “evaporated cane juice” (ECJ). Reilly v. Amy’s Kitchen, Inc., No. 13-21525 (S.D. Fla., order entered March 7, 2014). The court agreed with the…
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Florida Class Action Filed over ECJ Designation on Food Ingredient Lists
A putative statewide consumer-fraud class action has been filed in a Florida state court against Living Harvest Foods, Inc. over use of the term “evaporated cane juice” (ECJ) on food product labels rather than sugar. Miller v. Living Harvest Foods Inc., No. __ (Fla. Cir. Ct., Miami-Dade Cty., filed January 30, 2014). While the specific products…
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Court Agrees to Postpone Criminal Trial Against Peanut Co. Owner/Employees
A federal court in Georgia has called for the prosecutors and defendants in a criminal action arising from the 2009 nationwide Salmonella outbreak linked to the peanut products made by the Blakely, Georgia, Peanut Corp. of America to propose a scheduling order and trial dates between July 7, 2014, and August 2014. United States v. Parnell,…
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False ECJ Claims Against Amy’s Kitchen Narrowed
A federal court in Florida has dismissed putative class claims in a consumer-fraud lawsuit to the extent they involve allegedly false “evaporated cane juice” (ECJ) labeling on Amy’s Kitchen food products that the named plaintiff did not purchase, but has otherwise allowed the remaining claims to proceed. Reilly v. Amy’s Kitchen, Inc., No. 13-21525 (S.D. Fla.,…
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U.S. Seeks Psychiatric Exam of Stewart Parnell
According to court records, prosecutors have filed a motion for psychiatric examination as to Stewart Parnell, who is under criminal indictment for actions relating to the 2009 nationwide Salmonella outbreak linked to the peanut products made by the Blakely, Georgia, Peanut Corp. of America plant that Parnell owned. United States v. Parnell, No. 12-cr-12 (M.D. Ga.,…
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Hearing on Pretrial Motions Scheduled in Parnell Criminal Action
A December 6, 2013, hearing will be held before a Federal court in Georgia on pending pretrial motions in a criminal lawsuit filed against former Peanut Corp. of America officials and employees, including owner Stewart Parnell. United States v. Parnell, No. 13-CR-12 (M.D. Ga., November 5, 2013). The company was the source of a nationwide Salmonella…
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Beer Consumers Allege AB Misleads About Kirin Beer Origins
For the second time in a month, attorneys with three Florida law firms have filed litigation on behalf of state consumers alleging that Anheuser-Busch Cos. (AB) sells a formerly imported beer “in a way that misleads consumers into believing that Kirin beer is still made in and imported from Japan, and accordingly sell[s] Kirin beer…