Category: 11th Circuit
-
Frito-Lay Sued for Failure to Disclose GMO Ingredients in Snack Foods
A Florida resident has filed a complaint on behalf of a nationwide class of consumers against Frito-Lay, alleging that it sells the company’s snack foods, such as Tostitos® chips, Sunchips® and bean dip, as “All Natural” without disclosing that they contain genetically modified organisms (GMOs). Foust v. Frito-Lay N. Am., Inc., No. 12-21975 (S.D. Fla., filed…
-
New “All Natural/100% Pure” Suits Filed Against Juice Makers and Retailers
An Alabama resident has reportedly filed seven lawsuits in federal court against companies that make or sell orange juice products advertised as 100 percent pure or natural when they are actually “a product of industrial processing and laboratory-flavored juices.” Veal v. Tropicana Prods., Inc., No. 12-00804 (N.D. Ala., filed March 13, 2012). John Veal apparently…
-
False Advertising Class Action Filed in Georgia Against POM Wonderful
A Georgia resident has filed a complaint in federal court on behalf of a statewide class of consumers allegedly misled about the purported health benefits of POM Wonderful’s pomegranate products. Templeton v. POM Wonderful, LLC, No. 12-53 (S.D. Ga., filed February 16, 2012). According to the complaint, the company promotes its products “as having special…
-
Another Putative Class Action Filed Against Tropicana for “Natural” Juice Claims
A Pennsylvania resident has filed a putative class action in a Florida federal court seeking to represent Florida and multistate classes of consumers allegedly misled by claims that Tropicana orange juice products are “pure” and “natural.” Pederson v. PepsiCo, No. 12-00104 (M.D. Fla., filed January 18, 2012). Similar to lawsuits already filed in New Jersey and…
-
Claims Rejected: Deregulation of GE Alfalfa, Lead in Fruit Juice, MDL Transfer of “All Natural” Skinnygirl Margarita® Actions, U.S. Supreme Court Review of $97.4-Million Nicaraguan Judgment in Banana Worker Exposure to Pesticides
According to news sources, the Center for Food Safety, which lost its challenge to the U.S. Department of Agriculture’s (USDA’s) decision to deregulate without restriction genetically engineered (GE) alfalfa, plans to appeal the matter to the Ninth Circuit Court of Appeals. A federal court in California determined on January 5, 2012, that the law does…
-
Jurisdictional Discovery to Proceed in Deceptive Trade Suit Against OJ Maker
A federal court in Alabama has granted in part a motion to stay discovery in litigation alleging that an orange juice maker misrepresented that its product is not made from juice concentrate, but is rather “100% pure Florida squeezed.” Leftwich v. TWS Mktg. Group, Inc., No. 11-1879 (N.D. Ala., order entered December 12, 2011). The…
-
Federal Court Issues Ruling on Jurisdiction in Food Packaging Dispute
A federal court in Georgia has determined that it has personal jurisdiction over a Michigan food-packaging company that was sued as a third party defendant in litigation over a recalled baby food product. IPN USA Corp. v. Nurture, Inc., No. 11-501 (N.D. Ga., decided December 12, 2011). A Food and Drug Administration investigation apparently concluded that…
-
Class Definition in Yo-Plus® Litigation Redefined on Remand
A federal court in Florida has redefined a plaintiffs’ class in deceptive advertising litigation against the company that claims its Yo-Plus® yogurt provides digestive health benefits. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., order entered December 2, 2011). While the Eleventh Circuit Court of Appeals upheld the class certification decision, it remanded the…