Food & Beverage Litigation & Regulatory Update

Category: 11th Circuit

  • Insurance Co. Seeks Declaration to Avoid Possible “All Natural” Putative Class Action Payout

    Months after a Florida federal court rejected a motion to dismiss a putative class action alleging that Bodacious Foods falsely labeled its cookies as “all natural,” The Cincinnati Insurance Co. has filed a lawsuit seeking a declaration that the policy the food manufacturer holds with it does not cover costs stemming from the alleged false…

  • New Jersey Suit Joins Others Challenging “Handmade” Vodka Label

    According to a news source, New Jersey residents have filed a putative class action in state court against the Texas-based company that makes Tito’s Handmade Vodka®, the fourth such action filed within the past two months, alleging that promoting and labeling the product as “handmade” deceives consumers because the vodka is made in an industrial…

  • “All Natural” Snack Foods Targeted in Florida Class Action

    A Florida resident has filed a putative statewide and nationwide class action against the Snack Factory, LLC, alleging that it deceptively represents that its Pretzel Crisps are “All Natural” despite including “unnatural, synthetic, and/or artificial ingredients, including but not limited to maltodextrin and soybean oil.” Seidman v. Snack Factory, LLC, No. 14-62547 (S.D. Fla., filed November…

  • Employees Forced to Buy Bob Evans Uniforms Sue for Unpaid Minimum Wages

    Bob Evans servers who were paid under the “tip credit” provisions of the Fair Labor Standards Act (FLSA) claim in a collective action filed in a Florida federal court that they “were not compensated at least the proper minimum wage for all hours worked as a result of being required to pay for uniforms.” McDaniel v.…

  • Diamond Foods Agrees to $2.75 Million Settlement in “All Natural” Class Actions

    Diamond Foods, Inc. has agreed to settle the consumer fraud class action suits filed by plaintiffs in California and Florida alleging that the company falsely labels its Kettle Brand® chip products as “All Natural,” when they contain artificial, synthetic or genetically modified ingredients, or as “Reduced Fat” while referencing non-comparable foods. Klacko v. Diamond Foods,…

  • PCA Executives Seek New Trial

    Stewart Parnell, former CEO of Peanut Corp. of America (PCA), and his brother Michael Parnell, former vice president of sales, have filed a joint motion for a new trial following their recent convictions on charges stemming from a Salmonella outbreak traced to their peanut processing facilities. United States v. Parnell, 13-12 (M.D. Ga., motion filed October 7).…

  • Jurors Convict Peanut Corp. of America Defendants in Salmonella Outbreak

    Following a seven-week trial in Albany, Georgia, a jury has reportedly convicted former Peanut Corp. of America owner Stewart Parnell, his brother Michael Parnell and quality assurance manager Mary Wilkerson on charges stemming from a 2008-2009 Salmonella outbreak that sickened hundreds of people nationwide and was linked to nine deaths. United States v. Parnell, No.…

  • Peanut Corp. of America Salmonella Outbreak Trial Nears End

    Defense counsel and a U.S. attorney made their closing arguments September 11-12, 2014, in the criminal trial of three former Peanut Corp. of America officials and employees who were charged with mail and wire fraud, obstruction, conspiracy, and other counts relating to a nationwide 2008-2009 Salmonella outbreak linked to the company’s Blakely, Georgia, facility. United States…