Category: 2nd Circuit
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Second Circuit Dismisses Starbucks Tip-Sharing Suit
In a summary order, the Second Circuit Court of Appeals has affirmed a lower court’s dismissal of employee claims that Starbucks Corp. violated New York law by allowing shift supervisors to share store tip pools with baristas. Barenboim v. Starbucks Corp., No. 10-4912 (2d Cir., decided November 21, 2013). Details about the New York Court of…
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Wrongful Death Suit Filed Against Red Bull
The grandmother of a 33-year-old who allegedly died from cardiac arrest after ingesting a Red Bull “energy drink” while playing basketball has filed a survival and wrongful death action against the company. Terry v. Red Bull N. Am., Inc., No. 506504/2013 (N.Y. Sup. Ct., Kings Cty., filed October 24, 2013). The complaint recites a number…
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Consumers Challenge “Unpasteurized” and “100% Raw” Juice Labels
New York and California residents have filed a putative nationwide class action against Hain Celestial Group, Inc., alleging that its fruit and vegetable juice products, labeled as “Unpasteurized” and “100% Raw” are false and misleading because the products undergo high pressure processing, “which neutralizes the benefits of the live enzymes, probiotics, vitamins, proteins, and nutrients…
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MDL Court Narrows “All Natural” Claims over Frito-Lay GMO Products
A multidistrict litigation (MDL) court in New York has granted in part the motion to dismiss filed in a putative class action alleging that Frito-Lay North America and PepsiCo., its parent, mislead consumers by labeling various Tostitos®, SunChips® and Fritos Bean Dip® products as “all natural” when they contain genetically modified organisms (GMOs). In re…
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Second Circuit Interprets Lanham Act in Russian Vodka Trademark Suit
The Second Circuit Court of Appeals, addressing an issue of first impression among the federal appellate courts under the Lanham Act, has affirmed a district court determination that Federal Treasury Enterprise Sojuzplodoimport (FTE) cannot pursue trademark infringement litigation as a “legal representative” of the Russian Federation because while that government designated FTE as its legal…
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JPML Denies MDL Transfer in Capatriti Olive Oil and Kashi Foods Cases
The Judicial Panel on Multidistrict Litigation (JPML) has denied transfer to a multidistrict litigation (MDL) court of consumer-fraud lawsuits involving Capatriti brand “100% Pure Olive Oil” made by Kangadis Food Inc. d/b/a The Gourmet Factory and numerous snack, cereal, protein bar, and frozen entrée products made by the Kashi Co. In re Capatriti Brand Olive…
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Olive Oil Plaintiffs Show Sufficient Damages Under CAFA
A federal court in New York has determined that while plaintiffs alleging they were sold olive-residue oil, or Pomace, instead of the “100% Pure Olive Oil” appearing on the labels of The Gourmet Factory’s Capatriti-brand products could not maintain a cause of action under the Magnuson-Moss Warranty Act, their claims did exceed the $5 million…
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Putative Class Claims Boar’s Head Misrepresents Lower Sodium Claims
A New York resident has filed a putative class action against Boar’s Head Provisions Co., alleging that the company’s advertising and labeling representations—“47% lower sodium,” “42% lower sodium,” and “40% lower sodium”—for some of its deli meats, including turkey breast and ham, contain as much sodium as its regular deli meat products and a higher…