Category: 9th Circuit
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Trader Joe’s in Mislabeling, Trademark Disputes
A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…
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Advocacy Groups Seek to Compel FDA Ruling on Food Additive Petition
Eight advocacy groups have filed a joint petition for a writ of mandamus to compel the U.S. Food and Drug Administration (FDA) to rule on a 2016 citizen petition seeking recission of approval for several artificial flavorings used in food that have been linked to cancer. Breast Cancer Prevention v. FDA, No. 18-71260 (9th Cir.,…
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Challenge to Organic DHA Milk Preempted By OFPA
Ruling that the plaintiff’s claims are preempted by the Organic Foods Production Act (OFPA), a federal court in California has dismissed a putative class action alleging Danone North America’s Horizon Organic milk is not organic because it contains DHA. Brown v. Danone N. Am. LLC, No. 17-7325 (N.D. Cal., entered May 1, 2018). Noting that…
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Plaintiff Claims E. Coli Infection From Red Lobster’s Romaine
An Arizona woman has sued Red Lobster Hospitality alleging that she contracted E. coli from eating a salad at a Red Lobster in Phoenix. Styles v. Red Lobster Hospitality, LLC, No. 18-1361 (D. Ariz., filed May 1, 2018). The plaintiff alleged she ate the salad, which contained romaine lettuce, on March 23, 2018, and became ill…
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Plaintiff Alleges Clif Bars “Dangerously” High in Added Sugar
Plaintiffs in California and New York have filed a putative class action alleging Clif Bar & Co. “omits, intentionally distracts from, and otherwise downplays” the “high added sugar content” of Clif Classic and Clif Kid bars. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed April 19, 2018). The complaint asserts that the…
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Jack Daniel’s Alleges Rival Infringed Trademarks, Trade Dress
The maker of Jack Daniel’s has filed suit against two Texas companies alleging they infringed the Tennessee whiskey’s trademark and trade dress by selling a line of whiskies in similarly shaped bottles with similar labeling. Jack Daniel’s Props., Inc., v. Dynasty Spirits, Inc., No. 18-2400 (N.D. Cal., filed April 20, 2018). The complaint alleges that…
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“Natural” Bai Beverages Contain Artificial D-Malic Acid, Plaintiff Alleges
Bai Brands faces a potential class action alleging that it labels its Bai fruit-flavored beverages as containing “natural” ingredients but fails to disclose the inclusion of artificial malic acid. Branca v. Bai Brands, LLC, No. 18-0757 (S.D. Cal., filed April 19, 2018). The plaintiff alleges that the ingredient list is misleading because it contains only…
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Kombucha Maker Alleges Rival Products Gain Unfair Market Advantage
The maker of Kombucha Dog beverages has filed lawsuits against Trader Joe’s Co. and other kombucha producers alleging the companies misrepresent the amount of alcohol and sugar in their products and violate federal and state laws regulating the sale of alcohol beverages. Tortilla Factory, LLC v. Trader Joe’s Co., No. 18-2977; Tortilla Factory, LLC v.…