Food & Beverage Litigation & Regulatory Update

Category: 1st Circuit

  • Pizza Delivery Drivers Granted Class Certification in Tips Dispute

    A Massachusetts federal court has granted certification to a class of former and current delivery drivers for Domino’s Pizza Inc. who allege that they should have received the delivery charge paid by customers. Mooney v. Domino’s Pizza, Inc., No. 14-13723 (D. Mass., order entered September 1, 2016). The plaintiffs also asserted that they should have been…

  • Rebate Moots “All Natural” Putative Class Action

    A Massachusetts federal court has dismissed a lawsuit alleging ACH Food Companies Inc. mislabeled its Weber® barbecue sauce as “All Natural” despite containing caramel coloring, finding that a $75 rebate rendered the case moot. Demmler v. ACH Food Cos. Inc., No. 15-13556 (D. Mass., order entered June 9, 2016). Details about the complaint appear in…

  • Milano® Trademark Suit Dismissed

    A Connecticut federal court has reportedly approved the dismissal of Pepperidge Farm’s lawsuit against Trader Joe’s Co. alleging the grocery infringed Pepperidge Farm’s trademarked Milano® cookies. Pepperidge Farm v. Trader Joe’s Co., No. 15-1774 (D. Conn., order entered March 9, 2016). The lawsuit challenged Trader Joe’s Crispy Cookies, which Pepperidge Farm asserted were the same…

  • DOJ Closes Maine Seafood Company for Unsanitary Conditions

    A Maine federal court has granted the U.S. Department of Justice (DOJ) a permanent injunction against Mill Stream Corp., a seafood company that allegedly failed to take measures preventing the formation and growth of Clostridium botulinum, the cause of botulism, or Listeria monocytogenes, the cause of listeriosis. U.S. v. Mill Stream Corp., No. 16-0080 (D. Me.,…

  • Proposed “All Natural” Class Action Filed Against Weber® BBQ Sauce Maker

    A Massachusetts consumer has filed a putative class action against ACH Food Companies, Inc., manufacturer of Weber® BBQ Sauces, alleging the company misleadingly markets its products as “All Natural” despite containing caramel coloring. Demmler v. ACH Food Cos., Inc., No. 15-13556 (D. Mass., filed October 13, 2015). The complaint asserts that under Massachusetts and federal…

  • Alcohol Company Challenges Malibu Rum Version of “Dark ‘N Stormy”

    Gosling Brothers Ltd. has filed a complaint against Pernod Ricard USA, maker of Malibu Island Spiced Rum®, alleging that a recipe on the Malibu website violates Gosling’s “Dark ‘N Stormy” trademarks. Gosling Bros. Ltd. v. Pernod Ricard USA, No. 15-13360 (D. Mass., filed September 15, 2015). Gosling holds five trademarks for “Dark ‘N Stormy” in…

  • Liability Issue for Injuries from Naturally Occurring Toxins Sent to Puerto Rico Supreme Court

    A federal court in Puerto Rico has certified a question to the territory’s supreme court to determine whether a company can be held liable for injuries stemming from the consumption of a species of shrimp that can contain a naturally occurring toxin. Cabán v. JR Seafood Inc., No. 14-1507 (D.P.R., order entered September 11, 2015).…

  • Tito’s “Handmade” Vodka Label Targeted Again in Proposed Class Action

    A consumer has filed a lawsuit against Fifth Generation, Inc. alleging that its Tito’s Handmade Vodka® is not “handmade” as claimed on the label because it is produced through a mechanized process. Wilson v. Fifth Generation, Inc., No. 15-561 (M.D. Ala., filed August 5, 2015). The complaint joins a number of other lawsuits alleging similar facts…