Category: 2nd Circuit
-
Federal Court Approves Diamond Walnuts Settlement
A federal court in California has given final approval to the $2.6 million settlement of a class action alleging that Diamond Foods falsely represented that the omega-3 in its walnuts provides health benefits. Zeisel v. Diamond Foods, Inc., No. 10-01192 (N.D. Cal., decided October 16, 2012). Additional information about the case appears in Issue 436…
-
Coalition Challenges NYC Size Limits on Sugar-Sweetened Beverages
A coalition of industry and union interests has filed a petition seeking to enjoin or invalidate the New York City (NYC) Department of Health prohibition on the sale of certain sugar-sweetened beverages in servings exceeding 16 ounces from certain types of business establishments. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dept. of Health &…
-
Coalition Challenges NYC Size Limits on Sugar-Sweetened Beverages
A coalition of industry and union interests has filed a petition seeking to enjoin or invalidate the New York City (NYC) Department of Health prohibition on the sale of certain sugar-sweetened beverages in servings exceeding 16 ounces from certain types of business establishments. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dept. of…
-
Celebrity Chef Settles Restaurant Employee Wage Claims for $1.15 Million
A federal court in New York has dismissed with prejudice claims that Mario Batali’s Del Posto restaurant allegedly retained portions of workers’ tips in violation of federal and state labor laws after approving an agreement requiring the defendants to pay $1.15 million into a settlement fund and provide workers with training and paid vacation time…
-
Federal Court Denies Four Loko Motion to Dismiss Putative Class Action
A federal court in New York has denied a motion to dismiss a consumer fraud action against the company that makes Four Loko®, a beverage allegedly containing high alcoholic and caffeine content and sold without disclosing “possible negative health effects.” Yourth v. Phusion Projects, LLC, No. 11-1261 (N.D.N.Y., decided September 27, 2012). The defendant contended…
-
Putative Class Claims Dannon Yogurt Is Not Yogurt
A New York resident has filed a putative class action against The Dannon Co., alleging that because the company adds “filler materials, such as water, corn starch, and Milk Protein Concentrate” to products that it sells as yogurt, the products contain “banned additives” and, as a matter of federal law, are not yogurt, are misbranded…
-
Federal Magistrate Refuses FDA Request for Stay in Livestock Antibiotics Dispute
A federal magistrate judge in New York has determined that the Food and Drug Administration (FDA) must begin proceedings to withdraw its approval of the use of certain antibiotics in livestock for non-therapeutic purposes on the agency’s timeline, thus denying FDA’s request for a stay while the matter is pending on appeal before the Second…
-
New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…