Category: 9th Circuit
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Several Claims Dismissed in Aspartame Case
A California federal court has dismissed a putative class action against Dr Pepper Snapple Group without prejudice, finding the plaintiff may be able to amend her complaint to “plausibly allege” that aspartame causes weight gain. Becerra v. Dr Pepper Snapple Grp., No. 17-5921 (N.D. Cal., entered March 30, 2018). Although the plaintiff is not required to…
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Lawsuits Challenge Fruit Content in V8, Sunny Delight
Represented by the same attorneys, consumers have filed lawsuits alleging that two beverage companies misrepresent the amount of fruit in their fruit-flavored beverages. Campbell Soup Co. “sells artificially-flavored sugar-water labeled as if it were fruit juice,” the plaintiff in one lawsuit alleges. Sims v. Campbell Soup Co., No. 18-0668 (C.D. Cal., filed April 2, 2018).…
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Olive Oil Maker Settles Class Action for $7 Million
The maker of Bertolli olive oil has agreed to pay $7 million to settle a class action alleging the company misrepresented the origin and quality of its products. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., motion filed April 3, 2018). Deoleo USA previously removed the contested phrase “Imported from Italy” from the challenged…
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Consumer Challenges Pabst’s Olympia Beer Source
A consumer has filed a putative class action alleging Pabst Brewing Company LLC’s Olympia beer labels falsely imply the product is brewed from artesian water in Washington despite being brewed in a facility in Los Angeles. Peacock v. Pabst Brewing Co. LLC, No. 18-0568 (E.D. Cal., filed March 15, 2018). The complaint alleges that although…
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Plaintiffs Allege Kombucha Drinks Contain More Sugar Than Advertised
A consumer has filed a putative class action alleging Health-Ade LLC’s kombucha contains four to five times the amount of sugar listed on its label. Gonzalez v. Health-Ade LLC, 28-1836 (N.D. Cal., filed March 23, 2018). The complaint alleges that the nutrition panels for nine of Health-Ade’s products state they contain from two to four grams…
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In-N-Out Burger Seeks Restraining Order Against YouTuber
In-N-Out Burger has reportedly requested a restraining order against a YouTube video creator who allegedly posed as the company’s CEO at two of its restaurants. The man allegedly argued with employees, demanded that kitchen employees prepare him food for a “taste test,” and took food out of a customer’s hand, threw it on the floor…
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Advocacy Groups Sue USDA For OLPP Withdrawal
The Center for Environmental Health, the Center for Food Safety, Cultivate Oregon, and the International Center for Technology Assessment have filed a complaint for declaratory and equitable relief against Secretary of Agriculture Sonny Perdue, alleging that the U.S. Department of Agriculture’s (USDA’s) withdrawal of the Organic Livestock and Poultry Practices rule (OLPP) violated both the Organic…
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Safeway Settles Olive Oil Labeling Class Action
A California state court has reportedly approved a class action settlement that will provide vouchers or cash to state residents who bought Safeway olive oil allegedly falsely labeled as “imported from Italy.” Kumar v. Safeway, No. RG14726707 (Cal. Super. Ct., entered March 16, 2018). The class alleged that Safeway labeled its olive oil as imported…