Category: 2nd Circuit
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Olive Oil Trade Group Challenges Capatriti® Brand as Inauthentic
The North American Olive Oil Association has brought an unfair competition and false advertising action against The Gourmet Factory claiming that it sells its Capatriti® brand as “100% Pure Olive Oil” when it is actually made from “leftover olive skins and pits using a combination of chemical solvents and high temperatures.” N. Am. Olive Oil…
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Insurance Company Disputes Obligation to Provide Diacetyl Damages or Defense
A company that issued Citrus and Allied Essences Ltd. a commercial umbrella insurance policy in 2006 and 2007 has filed suit in a New York state court seeking a declaration that it is not obligated to defend the food-flavoring company in suits by those alleging respiratory injury from diacetyl exposure or to pay damages. Cont’l…
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NAACP New York Branch Joins Others to Oppose NYC Soft Drink Size Limits
The NAACP’s New York state branch and the Hispanic Federation have joined those arguing in court that New York City’s restrictions on the size of sugary beverages sold by certain vendors, such as corner stores and delis, should not take effect on March 12, 2013. During the January 23 hearing, opponents, including several City Council…
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Red Bull Drinker Claims Product No Stronger Than Coffee
A New York resident has filed a putative nationwide class action against the company that makes Red Bull energy drinks, alleging that the product does not, as advertised, “give you wings,” that is, provide more benefit than a cup of coffee. Careathers v. Red Bull GMBH, No. 12-369 (S.D.N.Y., filed January 16, 2013). According to…
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Court Refuses to Certify Class in Skinnygirl Margarita® “All Natural” Suit
Ruling that the named plaintiff’s claims are not typical of those of the putative class in a false-labeling suit brought against the companies that made and marketed Skinnygirl Margaritas®, a federal court in New York has denied his motion for class certification. Rapcinsky v. Skinnygirl Cocktails, L.L.C., No. 11-6546 (S.D.N.Y., decided January 9, 2013). The…
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Challengers Seek Expedited Argument on NYC Large-Size Soda Ban
Soft drink manufacturers and restaurateurs have reportedly requested that the court reschedule oral arguments in their challenge to a New York City prohibition on the sale of sweetened beverages in sizes that exceed 16 ounces. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dept. of Health & Mental Hygiene, No. 653584/2012 (N.Y. Sup. Ct.,…
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Investors Seek to Consolidate Claims Against Keurig Coffee Brewer Maker
Green Mountain Coffee Roasters Inc. investors have reportedly filed a consolidated securities action against the company, claiming that they were misled about demand for Keurig and K-Cup products. La. Mun. Police Emp. Ret. Sys. v. Green Mountain Coffee Roasters, Inc., No. 11-00289 (D. Vt., filed October 29, 2012). The Louisiana Municipal Police Employees’ Retirement System sued…
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Second Circuit Sends Starbucks Tips Dispute to New York Court with Questions
The Second Circuit Court of Appeals has certified to the New York Court of Appeals questions arising under state employment law in a dispute over the distribution of tips in Starbucks stores. Barenboim v. Starbucks Corp., No. 10-4912; Winans v. Starbucks Corp., No. 11-3199 (2d Cir., questions certified October 23, 2012). A federal district court…