Category: 2nd Circuit
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“Vegan Butter” is not Butter, Plaintiff Argues
A consumer asserts that Miyoko’s Kitchen Inc.’s “vegan butter” misleads consumers into believing the product is “a ‘form’ of butter” despite lacking “any milk or dairy ingredients and the functional, nutritional, sensory and organoleptic attributes which consumers associate with butter.” Brown v. Miyoko’s Kitchen Inc., No. 18-6079 (E.D.N.Y., filed October 30, 2018). The products “bask…
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Plaintiff Alleges “Octopus” Products Are A “Bait-and-Switch”
A consumer has alleged that Iberia Foods misleads consumers by substituting giant squid for octopus in three of its octopus products. Zapata Fonseca v. Iberia Foods Corp., No. 18-6279 (E.D.N.Y., filed November 5, 2018). The plaintiff’s putative class action asserts that Iberia and its supplier, Orbe, either knew or should have known that the products…
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Switch Juices’ “No Added Sugar” Label Deceives About Calorie Count, Consumer Alleges
A consumer has alleged that Apple & Eve markets its Switch Sparkling Juices as containing no added sugar or preservatives despite containing citric and ascorbic acids and having a “high calorie count when compared to competitors’ products that do not have the ‘No Sugar Added’ claim.” Reaves v. Apple & Eve LLC, No. 18-5728 (E.D.N.Y.,…
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Putative Class Action Alleges “Olive Oil” is 80 Percent Sunflower Oil
A plaintiff has filed a putative class action alleging Iberia Foods Corp. misleads consumers by selling its oil as Extra Virgin Olive Oil despite containing 80 percent sunflower oil. Okoe v. Iberia Foods Corp., No. 18-9161 (S.D.N.Y., filed October 5, 2018). The front label of the product, the complaint alleges, features a dark green background…
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AriZona Teas’ “No Preservatives” Claim Misleads Consumers, Lawsuit Alleges
Three consumers have filed a putative class action alleging that Arizona Beverage Co.’s teas, energy drinks and fruit juices are misleadingly marketed as containing “no preservatives” despite containing citric and ascorbic acids. Kubilius v. Arizona Beverage Co., No. 18-9075 (S.D.N.Y., filed October 3, 2018). The plaintiffs assert that they paid a premium for the products…
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Claims Cut From One Suit While Pret A Manger Faces Another
A New York federal court has dismissed allegations from a putative class action arguing that Pret A Manger Ltd. sold sandwich wraps with excess slack fill between the wrap’s halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., entered September 28, 2018). The court held that the plaintiffs lacked standing for an injunction…
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Dunkin’ “Angus” Suit Dismissed
A New York federal court has dismissed a putative class action alleging that Dunkin’ Brands Inc. misled consumers by marketing a sandwich and a wrap as containing “Angus steak.” Chen v. Dunkin’ Brands, Inc., No. 17-3808 (E.D.N.Y., entered September 17, 2018). The court first dismissed the claims brought by a non-resident of New York, finding…
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Kind Snacks Contain Undisclosed Processed Ingredients, Lawsuit Alleges
A consumer has filed a putative class action alleging that Kind LLC misleadingly markets its products as made from whole fresh fruits. Song v. Kind LLC, No. 18-4982 (E.D.N.Y., filed September 4, 2018). The complaint asserts that the product names and descriptions “use collective names to refer to their components” because they are allegedly made from…