Food & Beverage Litigation & Regulatory Update

Category: 7th Circuit

  • Court Dismisses KFC Halal Advertising Lawsuit

    An Illinois federal court has dismissed a franchisee’s lawsuit alleging KFC wrongfully prevented him from advertising halal chicken, finding the franchise contract gave KFC control over advertising and promotional material. Lokhandwala v. KFC Corp., No. 17-5394 (N.D. Ill., entered January 23, 2018). Although the plaintiff alleged that KFC’s prohibition on advertising dietary claims contradicted the…

  • Indiana Court Bars Defective Design Claims Against Diacetyl Manufacturer

    An Indiana federal court has granted summary judgment to Givaudan Flavors Corp. on the issue of design defect, ending a lawsuit by 27 popcorn factory workers who alleged they suffered respiratory injuries after being exposed to the company’s diacetyl butter flavoring. Aregood v. Givaudan Flavors Corp., No. 14-0274 (S.D. Ind., entered October 18, 2017). Givaudan…

  • No “Piggyback” Standing in Putative Cookie Class Action, Court Rules

    An Illinois federal court has dismissed part of a putative class action against Lenny & Larry’s Inc., holding that the plaintiffs lack standing and that the application of 50 differing state laws is “unmanageable on a class-wide basis because those states’ laws conflict in material ways.” Cowen v. Lenny & Larry’s Inc., No. 17-1530 (N.D.…

  • Federal Court Dismisses Energy Cookie Suit

    An Illinois federal court has dismissed with prejudice a lawsuit alleging that Mondelez International falsely advertises Belvita breakfast biscuits and cookies as providing “four hours of nutritious steady energy.” Spector v. Mondelez Int’l, No. 15-4298 (E.D. Ill., entered September 27, 2017). The court held that the plaintiff failed to allege plausible facts to support her…

  • Seventh Circuit Rejects Subway Class Action Settlement, Remands for Dismissal of Entire Action

    The U.S. Court of Appeals for the Seventh Circuit has rejected class certification and a settlement agreement in a lawsuit alleging Subway sells “Footlong” sandwiches that are sometimes shorter than 12 inches. In re: Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir., entered August 25, 2017). “In their haste to file…

  • Court Dismisses “100% Parmesan” Cheese MDL

    A federal court has dismissed multidistrict litigation alleging that several brands’ “100% Grated Parmesan Cheese” misled consumers because the products contained as much as 8.8 percent cellulose, finding that the claims were “doomed by the readily accessible ingredient panels on the products that disclose the presence of non-cheese ingredients.” In Re: 100% Grated Parmesan Cheese…

  • Quaker Oats Labeling Suit Preempted by FDCA, Court Rules

    A federal court has dismissed with prejudice a putative class action alleging that Quaker Oats’ use of “100% Natural” on its products misleads consumers, holding that the plaintiffs’ claims are expressly preempted by the Food, Drug and Cosmetic Act (FDCA). Gibson v. Quaker Oats Co., No. 16-4853 (N.D. Ill., entered August 14, 2017). The plaintiffs…

  • Kerrygold Butter and Wisconsin Dairy Settle Trademark Dispute

    A Wisconsin creamery selling “Irishgold” butter and the distributor of Kerrygold butter have agreed to a consent decree that will end a trademark dispute. Ornua Foods N. Am. v. Eurogold USA, No. 17-0510 (E.D. Wis., motion filed July 25, 2017). After Wisconsin began enforcing a 1950s law requiring all butter sold in the state to…