Category: 9th Circuit
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Ninth Circuit Declines En Banc Review of Acrylamide Decision
The Ninth Circuit has denied the Council for Education and Research on Toxics’ petition for an en banc reconsideration of a March 2022 decision upholding a preliminary injunction on enforcing mandated warnings on products containing acrylamide under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Cal. Chamber of Com. v. Council…
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Court Tosses Claims that Formula’s ‘Milk-based’ Labeling Misled Consumers
A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the…
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Yogurt Maker Faces Suit for ‘Naturally French’ Labeling
A California consumer has filed a proposed class action against La Fermiere, alleging the yogurt maker misrepresented the origin of its products on its packaging. Manier v. La Fermiere Inc., No. 22-1894 (C.D. Cal., filed October 27, 2022). The plaintiff alleged she was misled by the product’s packaging into believing the yogurt she bought was…
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Contaminated Trader Joe’s Chicken Burgers Dispute Survives Motion to Dismiss
A federal court has denied a bid by Pilgrim’s Pride to throw out claims it misrepresented chicken it packaged and sold as “boneless” that wound up in recalled Trader Joe’s Chili Lime Chicken Burgers for having excessive amounts of bone. Innovative Solutions Int’l Inc. v. Houlihan Trading Co., Inc., No. 22-296 (W.D. Wash., entered October…
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Court Dismisses Labeling Claims Against Baby Food Maker
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product…
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Barilla “Italy’s #1 Brand of Pasta” Lawsuit to Continue
A California federal court has denied a motion to dismiss a lawsuit alleging Barilla America Inc. misled consumers as to the source of its pasta products by marketing them as “Italy’s #1 Brand of Pasta.” Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., entered October 17, 2022). The court first held that the plaintiffs had…
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‘Texas Pete’ Hot Sauce Labeling Misrepresents Product’s Origin, Suit Alleges
A California man has sued the maker of Texas Pete-brand hot sauce products, alleging the company deceptively advertises itself as having Texas ties, while it is in fact made in North Carolina. White v. T.W. Garner Food Co., No 22-6503 (C.D. Cal., filed September 12, 2022). The plaintiff has brought a proposed class action against…
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Hydroponic Food May Be Labeled as ‘Organic,’ 9th Cir. Rules
A federal appeals court has ruled that the U.S. Department of Agriculture (USDA) is not clearly required by federal law to issue a regulation barring hydroponic growers from labeling their goods as organic. Ctr. for Food Safety v. Vilsack, No. 21-15883 (9th Cir., entered September 22, 2022). A three-judge panel of the U.S. Court of…