Category: 5th Circuit
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Whole Foods Wins Partial Summary Judgment in Sugar Dispute
A federal court in Texas has granted partial summary judgment to WFM Private Label L.P., a subsidiary of Whole Foods Market Inc., in a contract dispute related to 365 Everyday Value Greek yogurt’s sugar content. WFM Private Label, L.P., v. 1048547 Ontario Inc., No. 14-1013 (W.D. Tex., entered June 18, 2018). Whole Foods hired Skotidakis Goat Farm (SGF)…
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Court Dismisses Foodborne Illness Suit Against Chipotle
A federal court in Louisiana has dismissed with prejudice a lawsuit alleging that Chipotle Mexican Grill’s food caused the plaintiff to contract Helicobacter pylori, holding that the plaintiff had not pleaded “any semblance of a fact that causally connects [his] illness” with Chipotle. Gilyard v. Chipotle Mexican Grill Inc., No. 17-0441 (W.D. La., entered June 14, 2018). The…
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Couple Challenges Texas’ Definition of “Pickle”
A couple has reportedly filed a lawsuit against the Texas Department of State Health Services alleging that “burdensome” regulations bar them from selling their canned pickled vegetables at farmers’ markets. The plaintiffs own a farm near Austin and sell vegetables locally, but when they sought to expand into sales of pickled beets, okra and carrots,…
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Fifth Circuit Affirms Viacom’s Ownership of “Krusty Krab” Mark
The U.S. Court of Appeals for the Fifth Circuit has affirmed a ruling that a Texas restaurant, “The Krusty Krab,” infringed Viacom International Inc.’s common law trademark. Viacom Int’l, Inc. v. IJR Capital Invs., No. 17-20334 (5th Cir., entered May 22, 2018). The court held that Viacom had established both use and distinctiveness of the…
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Companies Dispute the Use of “Delicious Tamales”
Delicious Inc. has filed a lawsuit alleging Texas restaurant Delicious Tamales and its owners have infringed on Delicious Inc.’s trademark. Delicious Inc. v. Lopez, No. 18-0041 (W.D. Tex., filed January 12, 2018). Delicious Inc. argues that it has owned the federal rights to the “Delicious Tamales” mark since 2012 in the categories of “Tamales, bunuelos, hot…
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Texas Appeals Court Holds House-Brand Beer Labels Not Protected Commercial Speech
A Texas appeals court has held that Mark Anthony Brewing cannot produce and label a house-brand beer for TGI Friday’s restaurants because state law prohibits “overlapping” relationships among alcohol manufacturers, distributors and retailers. Texas Alcoholic Beverage Comm’n v. Mark Anthony Brewing, Inc., No. 16-0039 (Texas Ct. App., entered October 13, 2017). The Texas Alcoholic Beverage…
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EPA, Whole Foods Reach $3.5-Million Settlement in Hazardous Waste Action
The U.S. Environmental Protection Agency (EPA) has announced a settlement with Whole Foods Inc. after a year-long investigation into the company’s hazardous-waste disposal at facilities in five states. According to EPA, the investigation uncovered that Whole Foods did not properly make hazardous waste determinations—as required by the Resource Conservation and Recovery Act—and mishandled spent lamps.…
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Court Dismisses Whole Foods Yogurt MDL for Reliance on Consumer Reports Data
A Texas federal court has dismissed multidistrict litigation (MDL) alleging that Whole Foods Market Inc. lists incorrect amounts of sugar on its yogurt labels, concluding the Consumer Reports data relied on by the plaintiffs did not meet federal standards. In re Whole Foods Mkt. Inc. Greek Yogurt Mktg. & Sales Practices Litig., MDL No. 2588…