Category: 9th Circuit
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5-Hour Energy® Plaintiffs Denied Class Certification
A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-Hour Energy Mktg. and Sales Practices Litig., No. 13-2438 (C.D. Cal., order entered June 7, 2017).…
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Bob Marley’s Family Awarded $2.4 Million for Trademark Infringement
The family of Bob Marley will receive more than $2.8 million in damages and unpaid royalties from Jammin Java Corp. in a trademark-infringement suit. FiftySix Hope Rd. Music Ltd. v. Jammin Java, No. 16-5810 (C.D. Cal., order entered May 30, 2017). The family’s companies, 56 Hope Road Music Ltd. and Hope Road Merchandising LLC, own…
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Cheese Not “Natural” if Cows Given GMO Feeds, Consumer Alleges
A consumer has filed a proposed class action alleging Sargento Foods misleadingly advertises its cheese products as “natural” despite containing genetically modified organisms (GMOs) or animal growth hormones. Stanton v. Sargento Foods, Inc., No. 17-2881 (N.D. Cal., filed May 19, 2017). The plaintiff asserts that the cows providing milk for the production of Sargento cheeses…
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Jury Finds for UC Davis in Strawberry IP Infringement
A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-breeding company, California Berry Cultivars, after retiring from…
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California Growers Sue to Stop Imports of Argentine Lemons
A group of California citrus growers has sued the U.S. Department of Agriculture seeking to stop implementation of a new rule that would lift the ban on importation of lemons from Argentina, claiming the rule violates both “sound science and good public policy.” U.S. Citrus Sci. Council v. USDA, No. 17-0680 (E.D. Cal., filed May…
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Truffle Oil False Labeling Suits Filed
Two proposed class actions have been filed in California claiming false labeling of truffle-flavored olive oil. Schiffman v. Urbani Truffles, No. 17-935 (E.D. Cal., filed May 3, 2017); Quiroz v. Sabatino Truffles, No. 17-783 (C.D. Cal., filed May 3, 2017). The plaintiffs argue that the olive oil producers add 2,4 dithiapentane to flavor their products…
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Court Approves Publicity Plan for Safeway Tuna Settlement
A California federal court has approved a plan to publicize the settlement of a proposed class action filed against Safeway alleging the supermarket chain underfilled its canned tuna. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order entered May 4, 2017). The judge approved the settlement in March 2017 but was concerned that potential…
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Plaintiff Claims Ginger Snaps Marketing Misleads
A consumer has filed a lawsuit alleging Mondelez International misleadingly markets Ginger Snaps cookies as healthy. Winn v. Mondelez Int’l, No. 17-2524 (N.D. Cal, removed to federal court May 3, 2017). The proposed class action claims that Ginger Snaps packages were marketed with the phrases “Made With Real Ginger and Molasses” and “Sensible Solutions,” leading…