Category: 3rd Circuit
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Court Asks FDA to Decide Whether HFCS Is “Natural”
A federal court in New Jersey has reportedly stayed for six months consumer fraud litigation against the company that makes Arizona Iced Tea® beverages and has asked the Food and Drug Administration (FDA) to determine whether high-fructose corn syrup (HFCS) qualifies as a “natural” ingredient. Coyle v. Hornell Brewing Co., No. 08-2797 (D.N.J., stay order…
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Settlement Announced in Egg Antitrust Litigation
A plaintiffs’ firm has announced a $25 million partial settlement in an antitrust class action “brought on behalf of direct purchasers of shell eggs and egg products.” In re: Processed Eggs Antitrust Litigation, MDL No. 2002 (E.D. Pa.). According to Hausfeld LLP, plaintiffs alleged “a near industry-wide, price-fixing conspiracy among egg farmers which raised the price…
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Hershey Co. Claims Brownie Baking Pan Infringes Its Product Configuration Trademark
Pennsylvania-based chocolate maker Hershey Co. has filed a Lanham Act lawsuit against Williams-Sonoma Inc., alleging that the kitchen product retailer is marketing and selling a baking pan that infringes Hershey’s “Chocolate Bar Design Mark,” a purportedly distinctive rectangle scored into 12 smaller rectangles. The Hershey Co. v. Williams-Sonoma, Inc., No. 10-1011 (M.D. Pa., filed May 12,…
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Court Dismisses Litigation Seeking Cancer Warning Label on Hot Dogs
According to news sources, a federal court in New Jersey has dismissed putative class claims filed by a vegan advocacy organization on behalf of state residents alleging consumer fraud against companies that sell hot dogs and processed meats. The Cancer Project, identified as an affiliate of the Physicians Committee for Responsible Medicine (PCRM), had asked…
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Wholesaler Sues Chocolate Companies Alleging Price Fixing
Supervalu, Inc. has filed an antitrust action against a number of chocolate manufacturers, alleging that they conspired to fix chocolate candy prices and overcharged the plaintiff for these products from 2002 through 2008. Supervalu, Inc. v. The Hershey Co., No. 10-1354 (E.D. Pa., filed March 29, 2010). The complaint outlines the chocolate companies’ sales during the…
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Soup Maker Sued for Salt and Fat Content
A New York resident has sued Campbell Soup Co. alleging that its “Less Sodium” and “Healthy Request” tomato soups are falsely advertised because they contain the same levels of salt and fat as the company’s “regular” tomato soup. Smajlaj v. Campbell Soup Co., No. 10-1332 D.N.J., filed March 12, 2010). Seeking to certify a nationwide class…
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Advocacy Groups Ask Court to Stop Planting of GE Crops in Wildlife Refuge
Three advocacy organizations have sued Department of the Interior Secretary Ken Salazar and the U.S. Fish & Wildlife Service (FWS), charging them with violations of the National Environmental Policy Act (NEPA) for failing to prepare an environmental impact statement (EIS) before entering into contracts that allow farmers to cultivate genetically engineered (GE) crops at the…
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Court Refuses to Allow Vanilla Maker’s Cross Claims in Mercury-Contamination Insurance Coverage Litigation
The Third Circuit Court of Appeals has upheld a district court’s decision not to allow a flavoring company to file cross claims in litigation between an insurance carrier and the company that supplied vanilla beans tainted with mercury to the flavoring company. The Travelers Ins. Co. v. Dammann & Co., Inc., No. 09-1225 (3d Cir.,…