Food & Beverage Litigation & Regulatory Update

Category: 3rd Circuit

  • Additional Heavy Metals Baby Food Lawsuit Dismissed

    A New Jersey federal court has dismissed claims filed against Plum PBC and Campbell Soup Co. alleging the companies sold baby food products containing high levels of heavy metals. In re Plum Baby Food Litig., No. 21-2417 (D.N.J., entered October 31, 2022). In finding that the plaintiffs lacked standing, the court echoed the reasoning followed by…

  • Pennsylvania Cities Sue State over Ban on Plastic Bag Restrictions

    Philadelphia and three other municipalities have filed a lawsuit challenging Pennsylvania’s prohibition of bans on plastic or single-use bags. Philadelphia v. Penn., No. 42 MD 2021 (Penn. Commw. Ct., filed March 3, 2021). “To combat the destructive environmental impact of single use plastic bags, states and cities across the country have enacted laws restricting distribution of…

  • Sugar Content of “Lightly Sweetened” Tea Challenged

    A group of consumers has filed a putative class action alleging the Healthy Beverage Co. LLC misleadingly labels its products as “lightly sweetened” because the product contains 20 grams of added sugar, or 40% of the recommended daily intake. Pierre v. Healthy Beverage Co. LLC, NO. 20-4934 (E.D. Penn., filed October 6, 2020). The complaint…

  • Meatpackers Sue OSHA for COVID-19 Protections

    A group of workers at a Maid-Rite Specialty Foods production plant has filed a lawsuit seeking to compel the Occupational Safety and Health Administration (OSHA) to require Maid-Rite to establish procedures to mitigate the risk of COVID-19 infection. Does v. Scalia, No. 20-1260 (M.D. Penn., filed July 22, 2020). The plaintiffs allege that they face…

  • Ferrara Candy Co. Underfills Theater Boxes, Plaintiffs Allege

    A group of consumers has filed a putative class action asserting that Nestle USA Inc. and Ferrara Candy Co.’s opaque candy boxes contain too much slack fill. Iglesia v. Nestle USA Inc., No. 20-5971 (D.N.J., filed May 15, 2020). The complaint alleges that Ferrara and Nestle “pioneered a scheme to deceptively sell candy in oversized,…

  • Plaintiff Argues Premature Honey Harvest Reduces Antioxidants, Misleading Consumers

    A consumer has filed a putative class action arguing that Dutch Gold Honey Inc. sells honey that lacks the antioxidants for which consumers purchase buckwheat honey, allegedly amounting to fraudulent misrepresentation and fraudulent concealment. Wolfe v. Dutch Gold Honey Inc., No. 19-4562 (E.D. Penn., filed October 1, 2019). “Unknown to Plaintiff and the Class, the…

  • Heinz Asserts Trademark on “Poppers” as Appetizers

    H.J. Heinz Co. has filed a trademark infringement suit alleging Real Good Food Co. created and sold frozen appetizers described as “Poppers,” which Heinz argues it owns the rights to for “frozen appetizers consisting primarily of vegetables, pork and/or cheese, not including shrimp.” H.J. Heinz Co. Brands LLC v. Real Good Food Co., No. 19-0915…

  • Scotch Whisky Association Sues Distiller for “Highland” Use

    The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described…