Category: 2nd Circuit
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Court Rules Plaintiff Cannot Prove HFCS Caused Teen’s Type 2 Diabetes
A federal court in New York has dismissed an amended complaint filed against high-fructose corn syrup (HFCS) manufacturers, alleging that the HFCS in foods and beverages, such as McDonald’s hamburger buns and Pepsi, was a substantial factor in causing a 14-year-old girl to develop Type 2 diabetes. S.F. v. Archer-Daniels-Midland Co., No. 13-634, decided April 21,…
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Methylmercury Strict Liability Claims to Proceed Against Bumble Bee
A federal court in New York has refused to dismiss claims alleging that Bumble Bee Foods is strictly liable for and was negligent in failing to warn about the mercury in its products in a lawsuit alleging personal injury from excessive consumption of the company’s tuna products, which contain methylmercury. Porrazzo v. Bumble Bee Foods,…
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Consumer Fraud Claims Against Olive Oil Company Continue
A federal court in New York has denied the motion for summary judgment filed by the defendant in litigation alleging that it mislabeled its industrially processed olive-pomace oil as “100% Pure Olive Oil.” Ebin v. Kangadis Food Inc. d/b/a The Gourmet Factory, No. 13-2311 (S.D.N.Y., order entered February 25, 2014). Details about the court’s grant of…
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Single-Serve Coffee Maker Alleges Unfair Competition in Market
TreeHouse Foods, Inc. has filed an antitrust and unfair competition lawsuit against Green Mountain Coffee Roasters, Inc. and Keurig, Inc., alleging that they have undertaken a series of unlawful practices that have allowed them to dominate the single-serve coffee market, despite the expiration of their “K-Cup” patents in 2012. TreeHouse Foods, Inc. v. Green Mountain…
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Court Allows Most “Fat-Free” Deception Claims to Proceed
A federal court in New York has denied in part and granted in part the motion to dismiss filed by the defendants to consumer-fraud litigation claiming that their Smart Balance® Fat-Free milk products with added omega-3s are misbranded because they contain 1 gram of fat from the omega-3 oil blend ingredient. Koenig v. Boulder Brands,…
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Pet Food Plaintiff Seeks Class Settlement Approval
An unopposed motion for preliminary approval of a class-action settlement has been filed in a federal court in New York to resolve the claims of those who allegedly purchased Salmonella-contaminated pet food that was subject to a nationwide recall and purportedly linked to infections in people and animals. Marciano v. Schell & Kampeter, Inc., No.…
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Employees Seek Approval of Wage Dispute Settlement with Benihana
A putative class of workers employed by Benihana Inc. in its New York City-based Haru Restaurants has filed an unopposed motion for preliminary approval of an agreement that would resolve claims that the company did not pay employees all the pay to which they were entitled and did not provide certain employees with valid tip…
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Court Approves Class Certification in Fraud Suit Against Olive Oil Co.
A federal court in New York has certified a consumer-fraud class action against Kangadis Food Inc., d/b/a The Gourmet Factory, alleging that the company falsely labels its products as “100% Pure Olive Oil” when they actually contain the industrially processed substance “olive-pomace oil,” “olive-residue oil” or “Pomace.” Ebin v. Kangadis Food Inc. d/b/a The Gourmet…