Category: 9th Circuit
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Consumers Challenge D-Malic Acid in Ocean Spray, Neuro Beverages
Consumers have filed lawsuits alleging that companies misrepresent their products as “natural” because they contain d-malic acid. One lawsuit targets Ocean Spray Cranberries Inc., alleging it mislabels its juices as free from artificial flavors despite containing d-malic acid rather than the naturally occurring l-malic acid. Froio v. Ocean Spray Cranberries Inc., No. 18-12005 (D. Mass.,…
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Kern’s Juices “Almost Entirely Sugar-Water,” Lawsuit Alleges
A consumer has filed a putative class action alleging that Stremick’s Heritage Foods misrepresents its Kern’s juice as a “healthful, natural juice product made solely from fresh fruits” despite being “almost entirely sugar-water, with a small amount of fruit juice added for color and texture.” Levin v. Stremick’s Heritage Foods, No. 18-1748 (C.D. Cal., filed…
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Kombucha Sugar, Alcohol Claims Dismissed
Two California courts have dismissed lawsuits brought by a competitor alleging kombucha companies misrepresented the amount of sugar and alcohol in their products. Tortilla Factory LLC v. Rowdy Mermaid Kombucha LLC, No. 18-2984 (C.D. Cal., entered September 11, 2018); Tortilla Factory LLC v. Better Booch LLC, No. 18-2980 (C.D. Cal., entered September 13, 2018). In…
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EEOC Alleges Harassment, Gender Bias at Del Taco
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging that Del Taco LLC failed to provide “a conciliation agreement acceptable to the Commission” following allegations of discriminatory practices against female employees. EEOC v. Del Taco LLC, No. 18-1978 (C.D. Cal., filed September 17, 2018). Allegations include sexual harassment of female employees by…
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Ninth Circuit Affirms Olive-Oil Class-Action Settlement
The U.S. Court of Appeals for the Ninth Circuit has rejected a class member’s objection to a settlement between Salov North America Corp. and a class of Filippo Berio olive-oil purchasers. Kumar v. Salov N. Am. Corp., No. 17-16405 (9th Cir., entered September 11, 2018). The appeals court held that the district court properly found…
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Trader Joe’s to Settle Tuna Slack-Fill Class Action
Trader Joe’s has agreed to pay $1.3 million to settle allegations that it underfills its five-ounce tuna cans. In re Trader Joe’s Tuna Litig., No. 16-1371 (C.D. Cal., motion filed September 14, 2018). Under the agreement, class members will receive $29, which will be diluted pro rata if the total amount of claims exceeds the…
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Court Dismisses Aspartame Claims Against Diet Dr Pepper
A California federal court has dismissed with prejudice a putative class action alleging that Diet Dr Pepper is falsely advertised as a weight-loss product. Becerra v. Dr Pepper/Seven Up, Inc., No. 17-5921 (N.D. Cal., entered August 21, 2018). The plaintiff alleged that the term “diet” leads consumers to believe the beverage is a weight-loss or weight-management…
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Plaintiffs Question Nutritional Benefits of Jamba Juice Smoothies
Jamba Inc. and Jamba Juice Co. face a putative class action alleging the company’s advertising deceives and misleads consumers about the nutritional value and ingredients of its smoothie beverages. Turner v. Jamba, Inc., No. 18-5168 (N.D. Cal., filed August 23, 2018). The plaintiffs allege that Jamba’s smoothies contain more sugars than typical sodas or soft…