Category: 2nd Circuit
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Vermont GMO Labeling Law to Take Effect as Scheduled; Case to Continue
A Vermont federal court has denied a preliminary injunction that would have prevented from taking effect the nation’s first state law requiring the labeling of food products manufactured with genetically modified organisms (GMOs). Grocery Mfrs. Ass’n v. Sorrell, No. 14-0117 (D. Vt., order entered April 27, 2015). Several food industry groups challenged the statute’s provisions…
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“Barefoot Contessa” and Seafood Company Reach Settlement
Food Network’s “Barefoot Contessa” and her company have reportedly reached a settlement agreement with Aqua Star (USA) Co. less than one month after the celebrity chef filed a complaint alleging trademark infringement for frozen dinners bearing the phrase “Contessa Chef Inspired.” Barefoot Contessa Pantry LLC v. Aqua Star (USA) Co., No. 15-1092 (U.S. Dist. Ct., S.D.N.Y.,…
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Hall & Oates Allege Trademark Infringement by “Haulin’ Oats” Granola
Whole Oats Enterprises, a partnership of musicians Daryl Hall and John Oates, has filed a lawsuit against Early Bird Foods & Co. alleging that the name of the company’s “Haulin’ Oats” granola product infringes on their trademarks. Whole Oats Enters. v. Early Bird Foods & Co., No. 15-1124 (E.D.N.Y., filed March 4, 2015). The musicians own…
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Blue Diamond Almond Milk Target of New “All Natural” Action
A consumer has filed a putative class action in New York federal court against Blue Diamond Growers alleging that the company deceptively labels its Almond Breeze Almond Milk as “All Natural” despite containing potassium citrate, Vitamin A Palmitate, Vitamin D2, and D-Alpha-Tocopherol. Harlam v. Blue Diamond Growers, No. 15-877 (E.D.N.Y., filed February 19, 2015). The plaintiff…
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Ex-Licensee Allegedly Infringing on Barefoot Contessa Mark
Ina Garten, the chef who hosts Food Network’s “Barefoot Contessa,” and her company have filed a lawsuit against a seafood producer for allegedly infringing the Barefoot Contessa mark with its line of “Contessa Chef Inspired” frozen dinners. Barefoot Contessa Pantry LLC v. Aqua Star (USA) Co., No. 15-1092 (S.D.N.Y., filed February 17, 2015). Barefoot Contessa,…
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Court Grants Conditional Class Certification in T.G.I. Friday’s Wage Action
A New York federal court has granted conditional class certification to plaintiffs employed by T.G.I. Friday’s who allege underpayment for side work and lack of payment for overtime work in violation of the Fair Labor Standards Act (FLSA). Flood v. Carlson Restaurants Inc., No. 14-2740 (S.D.N.Y., filed April 17, 2014). The restaurant employs as many…
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Court Details Dismissal of Olive Oil Owners from False-Labeling Class Action
After granting a motion for summary judgment in favor of Kangadis Food Inc.’s (KFI’s) owners, a New York federal court has issued an order further explaining its decision to dismiss the owners from a false-labeling class action. Ebin v. Kangadis Family Mgmt. LLC, No. 14-1324 (S.D.N.Y., order entered December 1, 2014). Additional information about the initial…
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Wolfgang’s FACTA Suit to Proceed with Amended Complaint
A New York federal court has rejected Wolfgang’s Steakhouse and ZMF Restaurants LLC’s motion to dismiss a case alleging that the restaurant violated the Fair and Accurate Credit Transactions Act of 2003 (FACTA) by printing credit card expiration dates on receipts. Fullwood v. Wolfgang’s Steakhouse, Inc., No. 13-7174 (S.D.N.Y., order entered November 14, 2014). The court found…