Category: 2nd Circuit
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Consumer Alleges Ovaltine Packaging Claims Are Misleading
A New York woman has brought a putative class action against Nestlé USA Inc. alleging the company makes misleading claims about the nutrition content of its Ovaltine flavored drink mix products. McMenamy v. Nestlé USA Inc., No. 22-1053 (N.D.N.Y., filed October 11, 2022). The plaintiff took issue with labeling including “A Good Source of 12…
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Evian ‘Carbon Neutral’ Claims Misleading, California Consumer Alleges
A California woman has filed a proposed class action against Danone Waters of America, alleging its Evian Natural Spring Water product packaging made misleading representations about being carbon neutral. Dorris v. Danone Waters of America, No. 22-8717 (S.D.N.Y., filed October 13, 2022). The plaintiff noted in her suit that the defendant represents on all versions…
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Court Dismisses Coffee Serving-Size Case
A New York federal court has dismissed a lawsuit alleging that customers of Big Lots Inc. were misled by the packaging of Fresh Finds Colombian coffee. Devey v. Big Lots Inc., No. 21-6688 (W.D.N.Y., entered October 12, 2022). The plaintiff asserted that the canisters of coffee she purchased stated that the contents could produce “up…
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Putative Class Action Alleges Juice Maker Used Deceptive Labeling
A New York consumer has filed a putative class action against juice maker Suja Life, LLC, alleging the company deceptively labeled its juice blends as “Cold-Pressed.” Lumbra v. Suja Life, LLC, No. 22-893 (N.D.N.Y., filed August 28, 2022). The plaintiff alleges that the packaging of Suja’s “Cold-Pressed” juices led her to believe they were not…
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Packaging of US-Made Feta Prompts Suit Alleging Consumer Fraud
A Florida consumer has sued cheesemaker Lactalis American Group, Inc., alleging the company misrepresented the authenticity of its President-branded feta cheese. Gallagher v. Lactalis American Group, Inc., No. 22-00614 (W.D.N.Y., filed Aug. 14, 2022). The plaintiff alleges that Lactalis misrepresented its feta cheese as made in Europe under the President brand, when it is made in…
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Chicken Tenders Must Be Chicken Tenderloin, Plaintiff Argues
A consumer has filed a putative class action alleging Popeyes Louisiana Kitchen Inc. misled her into believing that the restaurant’s chicken tenders were composed of chicken tenderloins. Sanders v. Popeyes Louisiana Kitchen Inc., No. 22-4477 (E.D.N.Y., filed July 29, 2022). “Traditionally, chicken tenders are made from chicken tenderloins,” the complaint asserts. “Chicken tenderloins are the small…
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Lawsuit Challenges Cream Content of Coffee Creamer
A consumer has filed a putative class action alleging Danone North America Public Benefit Corp. misleads consumers about the nature of its International Delight coffee creamers by labeling the products as creamers rather than non-dairy creamers. English v. Danone N. Am. Pub. Benefit Corp., No. 22-5105 (S.D.N.Y., filed June 17, 2022). The plaintiff argues that International…
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Godiva Class Action Settled for $7.5 Million
The U.S. District Court for the Southern District of New York has given final approval to a $7.5 million settlement in a lawsuit alleging that Godiva Chocolatier Inc.’s packaging misled consumers into believing all of its chocolate was produced in Belgium. Hesse v. Godiva Chocolatier Inc., No. 19-0972 (S.D.N.Y., order entered April 20, 2022). The approval…