Category: 7th Circuit
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Seventh Circuit Denies Appeal in Fannie May Slack Fill Case
The Seventh Circuit has declined to revive a putative class action alleging that Fannie May Confections Brands Inc. misleads consumers as to the amount of chocolates contained in its boxes. Benson v. Fannie May Confections Brands Inc., No. 19-1032 (7th Cir., entered December 9, 2019). The court found that the plaintiffs suffered no “actual damage”…
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Wendy’s Avoids Drive-Through Discrimination Suit
An Illinois federal court has dismissed a lawsuit alleging Wendy’s International discriminates against disabled customers who cannot independently access 24-hour Wendy’s locations during night hours when the stores only accept drive-through orders. Davis v. Wendy’s Int’l LLC, No. 19-4003 (N.D. Ill., E. Div., entered December 12, 2019). The court held that the Wendy’s policy applied…
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Court Dismisses Capri Sun Citric Acid Lawsuit
An Illinois court has dismissed a lawsuit alleging Kraft Heinz Foods Co. misleads consumers by marketing Capri Sun as free of preservatives despite containing citric acid. Tarzian v. Kraft Heinz Foods Co., No. 18-7148 (N.D. Ill., E. Div., entered October 10, 2019). The court first found that (i) the plaintiffs “failed to allege that the…
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Some Claims Dismissed in Pet Food Arsenic Case
An Illinois federal court has dismissed part of a putative class action alleging that Champion Petfoods USA Inc. sold foods for animals that contained elevated levels of several heavy metals—including arsenic, cadmium, mercury and lead—as well as bisphenol A (BPA), pentobarbital, “non-regional and non-fresh ingredients, or unnatural or other ingredients that do not conform to…
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Malic Acid Challenged in Laffy Taffy, Nerds
A plaintiff has alleged that Ferrara Candy Co. misleads consumers by labeling its candies as containing no artificial flavors while including malic acid as an ingredient. Gruber v. Ferrara Candy Co., No. 19-4700 (N.D. Ill., E. Div., filed July 12, 2019). The complaint echoes other putative class actions alleging that the “malic acid” listed as…
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Barilla Citric Acid Suit Partially Dismissed
An Illinois federal court has dismissed part of a lawsuit alleging that Barilla America Inc. misleads consumers about whether its sauce contains preservatives because it contains citric acid. Kubulius v. Barilla Am Inc., No. 19-6656 (N.D. Ill., E. Div., entered July 2, 2019). The court declined to apply Illinois law, finding that the plaintiff’s claim…
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Fannie May Slack-Fill Suit Dismissed
An Illinois federal court has dismissed a putative class action alleging that Fannie May Confections Brands Inc. underfills its Mint Meltaways and Pixies candy boxes. Benson v. Fannie May Confections Brands Inc., No. 17-3519 (N.D. Ill., E. Div., entered December 10, 2018). The court previously dismissed the plaintiffs’ complaint on the grounds that it provided…