Category: 9th Circuit
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Ninth Circuit Rejects Preemption Argument, Upholds California Ban on Foie Gras
The Ninth Circuit has upheld California’s ban on force-feeding ducks and geese to produce foie gras, finding the state’s law is not preempted by the Poultry Products Inspection Act (PPIA). Assoc. des Éleveurs de Canards et d’Oies du Québec v. Becerra, No. 15- 55192 (9th Cir., opinion filed September 15, 2017). In 2013, the Ninth…
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Baking Mixes Have Too Much Slack Fill, Consumer Alleges
A plaintiff has filed a proposed class action alleging ACH Food Companies sells its Fleischmann’s® Simply Homemade Baking Mix products in opaque boxes that contain approximately 50 percent slack fill. Buso v. ACH Food Cos., No. 17-1872 (S.D. Cal., filed September 14, 2017). The complaint asserts that the plaintiff would not have purchased the products…
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UC Davis and Professors Settle Strawberry Patent Dispute
After a jury unanimously found in May 2017 that two former University of California, Davis professors willfully infringed the university’s patents on a strawberry breed they developed in the school’s program, both sides have agreed on a settlement that will dispose of all other claims against each other. Regents of Univ. of Cal. v. Cal.…
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“Bourbon Barrel Aged” Wine Not Infringing, Court Rules
Following a bench trial, a California federal court has ruled that Fetzer Vineyards, Inc.’s “bourbon barrel aged” 1000 Stories red zinfandel wine, which features a sketch of a buffalo on its label, does not infringe the trademark or trade dress of Sazerac Co.’s Buffalo Trace bourbon. Sazerac Co. v. Fetzer Vineyards, Inc., No. 15-4618 (N.D.…
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First Amendment Concerns Pause San Francisco SSB Tax’s Warning-Label Requirement
The Ninth Circuit Court of Appeals has reversed a lower court’s denial of a preliminary injunction stopping the warning-label portion of San Francisco’s sugar-sweetened beverage (SSB) tax from taking effect. Am. Beverage Ass’n v. City & Cty. of San Francisco, No. 16-16072 (9th Cir., entered September 19, 2017). Additional information about the complaint and denial…
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Jelly Belly ECJ Suit Limited to Monetary Damages
A California federal court has limited relief to monetary damages in a lawsuit alleging that Jelly Belly Candy Co. misleads consumers into believing its Sport Beans do not contain sugar because the term “evaporated cane juice” (ECJ) appears on the label instead. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., entered August 18,…
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Kellogg’s Breakfast Cereals Sugar Lawsuit to Proceed
A California federal court will allow to proceed a suit alleging that Kellogg’s breakfast cereals and bars are unhealthy because of excess added sugars, finding that the labeling and packaging of 24 named products “contain at least one statement that is not preempted, non-misleading or puffery as a matter of law.” Hadley v. Kellogg Sales…
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Two Classes Certified in Olive Oil Lawsuit
A California federal court has certified two classes alleging that Deoleo USA Inc., importer of Bertolli and Carapelli olive oils, misleadingly labeled its products as “extra virgin” and “imported from Italy.” Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., entered August 24, 2017). Details on the court’s denial of a motion to dismiss appear…