Category: 3rd Circuit
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Fat Content Misrepresentations Alleged Against Milk Marketer
Seeking to represent a nationwide class of consumers, a New York resident has filed a lawsuit in a New Jersey federal court, alleging that Smart Balance, Inc. falsely labels its fat-free milks enhanced with omega-3 as “Fat Free” when they actually contain 1 gram of fat per serving. Stewart v. Smart Balance, Inc., No. 11-06174…
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Federal Court Denies Request to Intervene in Nutella® Lawsuit
A federal court in New Jersey has refused the request to intervene filed by plaintiffs to a California consumer-fraud lawsuit against the company that makes the hazelnut spread Nutella®. Glover v. Ferrero USA, Inc., No. 11-1086 (D.N.J., decided October 20, 2011) (unpublished). The New Jersey action, like its California counterpart, was filed as a putative…
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MDL Court Releases Several Defendants from Egg Products Antitrust Litigation
A federal multidistrict litigation (MDL) court has granted several motions to dismiss in consolidated actions alleging a conspiracy by egg producers and trade associations to restrict the domestic supply of eggs. In re: Processed Egg Prods. Antitrust Litig., MDL No. 2002 (E.D. Pa., decided September 26, 2011). Among other allegations, the plaintiffs contend that the defendants…
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Dispute over Allegedly Defective Bottles Settles
While settlement terms are apparently confidential, a high-end bottled water company has reportedly settled its claims against a company that supplied bottles which reacted to the water by causing foaming and a poor taste. Penta Water Co. v. Zuckerman-Honickman, Inc., No. 09-2633 (E.D. Pa., dismissed with prejudice September 21, 2011). The water company evidently switched…
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Campbell’s Reaches Preliminary Settlement in Low-Sodium Soup Class Action
The Campbell Soup Co. will change its low-sodium tomato soup labels under a settlement with a class of consumers who sued the company in a New Jersey federal court in 2010, alleging that these products cost more while actually containing about the same level of sodium as the company’s regular tomato soup. Smajlaj v. Campbell…
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Federal Court Upholds Some Claims in BOOST Kid Essentials® Putative Class Actions
A federal court in New Jersey has determined that Pennsylvania and California residents may pursue claims against New Jersey-based Nestlé Healthcare Nutrition, Inc. in consolidated putative class actions alleging that the company’s BOOST Kid Essentials® beverage did not provide its advertised health benefits for children. Scheuerman v. Nestlé Healthcare Nutrition, Inc., No. 10-3684; Johnson v.…
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New Jersey Appellate Court Revives Meat Samosa Lawsuit
A New Jersey appellate court has partially reinstated a lawsuit against an Indian restaurant that mistakenly served meat samosas to a group of Hindu vegetarians, who are now seeking compensation for emotional distress and to recover the cost of traveling to India for a purification rite. Gupta v. Asha Enterprises, L.L.C., A-3059-09T2 (N.J. Sup. Ct., decided…
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Recently Filed Lawsuits: Death in a Chocolate Factory, Demand for Documents in NYC “Man Drinking Fat” Ads, New Claims That Wesson Oil Is Not “100% Natural”
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident.…