Food & Beverage Litigation & Regulatory Update

Category: 3rd Circuit

  • Lawsuit Filed in Papaya Salmonella Outbreak

    A New Jersey man has filed a lawsuit against a produce supplier for its role in a Salmonella Kiambu outbreak in 12 states linked to Mexican papayas that has sickened 47 people and reportedly caused one death. Colon v. Grande Produce, No. 17-5458 (D.N.J., filed July 26, 2017). The plaintiff alleges that he fell ill…

  • Cracker Barrel ADA Class Action Settlement Gets Preliminary Approval

    A federal court has given preliminary approval to a class action settlement in which Cracker Barrel restaurants will develop a disability-­access compliance policy for parking facilities at its locations. Heinzl v. Cracker Barrel Old Country Store, No. 14-­1455 (W.D. Pa., order entered May 15, 2017). The settlement agreement requires Cracker Barrel to develop a survey…

  • Ketchup Cap Maker Sues Kraft Heinz for Trade-Secret Misappropriation

    Kraft Heinz Foods faces a trade-­secret suit alleging it distributed documents containing confidential and proprietary drawings and specifications for plastic caps created by one of its long­-time vendors. AptarGroup, Inc. v. Kraft Heinz Foods Co., No. 17­521 (W.D. Pa., filed April 21, 2017). AptarGroup argues that Kraft distributed engineering and customer drawings providing detailed specifications…

  • Court Dismisses “No Preservatives Added” Claims Against Herr Foods

    A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 16­5037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update. Herr…

  • Plaintiff in Herr Foods Litigation Seeks Disqualification for Defense Attorney

    The plaintiff in a purported class action asserting that Herr Foods Inc. mislabels its packaged snacks as “natural” has filed a motion to disqualify defense counsel, alleging the attorney repeatedly made “extortionate threats” and committed professional misconduct. Whitaker v. Herr Foods, Inc., No. 16-2017 (E.D. Penn., motion filed December 14, 2016). The plaintiff’s motion follows…

  • Castle Cheese Executive to Pay $5,000 over Adulterated Parmesan

    Castle Cheese Inc. President Michelle Myrter has reportedly been sentenced to three years of probation, 200 hours of community service at a food bank and a $5,000 fine for misdemeanor charges of food adulteration for selling “100% Parmesan” cheese containing high levels of substitutes, including cellulose. Following a federal investigation and a raid on company…

  • Quaker Oats Maple Suit Transferred to California

    A New Jersey federal court has transferred to California a lawsuit alleging that The Quaker Oats Co. misleads consumers with the packaging of its Maple & Brown Sugar oatmeal product because it does not contain maple syrup or maple sugar. Gates v. Quaker Oats Co., No. 16-1944 (D.N.J., order entered August 3, 2016). The complaint…

  • Taco Bell Drive-Thru Discriminates Against Hearing-Impaired, Lawsuit Alleges

    A deaf consumer has filed a lawsuit against Taco Bell Corp. and two franchisees alleging the company discriminated against her by refusing to allow her to order from the drive-through window. Cirrincione v. Taco Bell Corp., No. 33-0001 (D.N.J., filed July 13, 2016). At one location, the plaintiff alleges she wrote her order on a…