Category: 5th Circuit
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Suit Alleges Mondelēz Misled Consumers on Source of Gum Flavoring
An Illinois woman has filed a proposed class action against Mondelēz, alleging the company’s Trident gum misleads consumers into believing its flavoring comes from peppermint or mint ingredients rather than artificial flavoring. Lesorgen v. Mondelēz Global LLC, No. 22-50375 (N.D. Ill., filed October 28, 2022). The product at issue in the suit is Trident Original…
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Consumer Suit Targets Artificial Flavoring in Jalapeño Poppers
An Illinois consumer has brought a proposed class action against Herr Foods Inc., alleging the packaging of its jalapeño-poppers-flavored cheese curls misleads consumers as to the source of the product’s flavoring. Forlenza v. Herr Foods Inc., No. 22-5278 (N.D. Ill., filed September 27, 2022) The plaintiff asserted in the complaint that consumers have a hierarchy…
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Court Rules Heinz Did Not Infringe “Metchup” Mark
The U.S. Court of Appeals for the Fifth Circuit has ruled that H.J. Heinz Co. Brands did not violate the Metchup trademark when it introduced a poll letting consumers choose the name of its mayonnaise-ketchup blend, which ultimately chose “Mayochup” as the winner but included “Metchup” as an option. Perry v. H.J. Heinz Co. Brands…
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Court Orders Restaurant Group to Allow Employee to Wear a Face Mask
A Texas state court has reportedly ordered Hillstone Restaurant Group to allow an employee returning to work to wear a face mask to avoid the transmission of COVID-19. The complaint initially sought to lift the restaurant group’s mask ban for all employees, but the plaintiff amended the complaint to only apply to her after the…
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Vegan Food Co. Challenges Mississippi Meat Law
Upton’s Naturals Co. has filed a lawsuit challenging Mississippi’s law prohibiting the use of “meat” to describe products that are not derived from animals. Upton’s Naturals Co. v. Bryant, No. 19-0462 (S.D. Miss., filed July 1, 2019). Upton’s, which makes “vegan burgers,” “vegan bacon” and “vegan chorizo,” argues that the law is a “content-based regulation…
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Honey Heated to 120 Degrees Is No Longer Raw, Plaintiff Alleges
A consumer has filed a putative class action alleging that North Dallas Honey Co. sells its Nature Nate’s honey as “100% raw” but heats it to 120 degrees during bottling. Pierce v. N. Dallas Honey Co., No. 19-0410-B (N.D. Tex., Dallas Div., filed February 19, 2019). The plaintiff argues that heating honey to more than…
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“Metchup” Mark Owner Alleges Trademark Infringement by “Mayochup”
The owner of a trademark on “Metchup” has filed an infringement suit alleging that H.J. Heinz Co.’s “Mayochup” is “confusingly similar” to his protected trademark. Perry v. H.J. Heinz Co. Brands, No. 19-0280 (E.D. La., filed January 14, 2019). The plaintiff has purportedly used the “Metchup” mark to sell his ketchup-mayonnaise and mustard-mayonnaise combinations since…
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Lawsuit Alleges Contaminated Goldfish Caused Gastroenteritis
Pepperidge Farms Inc. faces a lawsuit alleging that a woman became ill with Salmonella gastroenteritis after eating the company’s Goldfish crackers, which purportedly contained contaminated dry whey powder. Finch v. Pepperidge Farms, Inc., No. 18-152 (N.D. Miss., filed August 8, 2018). The plaintiff alleges that she bought and ate the Goldfish on July 19, 2018,…