Category: 9th Circuit
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Tropicana Targeted in Malic Acid Lawsuit
A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as “natural” because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions…
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FDA to Designate High-Risk Foods Under Consent Decree
A California federal court has entered a consent decree compelling the U.S. Food and Drug Administration (FDA) to designate a list of high-risk foods as required by the Food Safety Modernization Act. Ctr. for Food Safety v. Azar, No. 18-6299 (N.D. Cal., entered June 7, 2019). The decree is the result of a lawsuit brought…
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Plaintiff Challenges Oreos’ “Real Cocoa” Content
Mondelez International Inc. allegedly markets its Oreos as containing “Real Cocoa” despite containing “cocoa processed with alkali.” Harper v. Mondelez Int’l Inc., No. 19-2747 (N.D. Cal., filed May 20, 2019). A plaintiff has asserted that the claim “‘Always made with Real Cocoa’ or ‘Real Cocoa’ is intended to differentiate the cocoa in the Products from…
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Lawsuit Challenges Alcohol Content in Kombucha
A consumer has filed a putative class action alleging that O Organics and Lucerne Foods Inc. “greatly understate” the alcohol and sugar content of their kombucha. Freedline v. O Organics LLC, No. 19-1945 (N.D. Cal., filed April 10, 2019). The plaintiff argues that “the beverages contain more than three to five times the alcohol allowed…
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Plaintiff Alleges Danone Misleadingly Markets Coconut Milk as Healthy
A consumer has filed a putative class action alleging that Danone US Inc. markets its So Delicious Coconut Milk to health-conscious consumers using health and wellness claims despite coconut milk’s level of saturated fat. Heymsfield v. Danone US Inc., No. 19-0589 (S.D. Cal., filed March 29, 2019). The plaintiff alleges that coconut milk “is unhealthy”…
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Court Rejects Trader Joe’s Tuna Settlement
A California federal court has rejected a settlement agreement between Trader Joe’s and consumers who alleged that the store’s tuna cans contained too much slack fill. In re Trader Joe’s Tuna Litig., No. 16-1371 (C.D. Cal., entered April 1, 2019). The court rejected the agreement on choice-of-law grounds, finding that the plaintiff failed to “conduct…
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California Courts Grant Certification to Mike & Ike Buyers, Deny Veggie Burger Purchasers
A California federal court has granted certification to a class of Mike & Ike purchasers in a lawsuit alleging that the candy boxes contain too much non-functional slack-fill. Escobar v. Just Born Inc., No. 17-1826 (C.D. Cal., W. Div., entered March 25, 2019). The plaintiff had alleged that the box of Mike & Ike candies…
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Hot Sauce Company Alleges Infringement by THC-Containing Sauce
Tapatio Foods has filed a trademark infringement lawsuit alleging that Tiowaxy Hot Sauce is sold with a similarly designed label, confusing consumers and causing brand tarnishment to Tapatio’s hot sauce. Tapatio Foods v. Alfarh, No. 19-0335 (E.D. Cal., filed March 11, 2019). Tapatio alleges that Tiowaxy’s label infringes because it also features a man in…