Category: 9th Circuit
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Bumble Bee Pleads Guilty to Felony in Price-Fixing Conspiracy
Bumble Bee Foods, LLC has agreed to plead guilty to one felony count for its role in a conspiracy to fix prices of shelf-stable tuna and will pay a minimum $25 million fine. U.S. v. Bumble Bee Foods LLC, No. 17-CR-249 (N.D. Cal. May 8, 2017). According to the U.S. Department of Justice, Bumble Bee…
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Beverage Mislabeling Suit Dismissed After Plaintiffs Admit They Knew ECJ Was Sugar
A California federal court has ruled that plaintiffs who admitted to reading Healthy Beverage’s website cannot sue the company for listing evaporated cane juice (ECJ) on the ingredient list rather than sugar. Swearingen v. Healthy Beverage, No. 13-4385 (N.D. Cal., order entered May 5, 2017). The plaintiffs initially filed a putative class action claiming Healthy…
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Sazerac Limited to Attorney’s Fees in Trade-Dress Suit
A federal court has ruled that Sazerac Co. may take Fetzer Vineyards, Inc. to trial for its trade-dress claims but cannot seek damages because it failed to disclose damage calculations in a timely manner. Sazerac Co. v. Fetzer Vineyards, Inc., No. 15-4618 (N.D. Cal, order entered April 27, 2017). Sazerac, maker of Buffalo Trace bourbon,…
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Summary Judgments in Strawberry-Breeding Dispute Favor Both Sides
A federal court has granted summary judgment on a majority of issues in a dispute between scientists and the University of California Davis centered on the intellectual property rights of two strawberry varieties. Cal. Berry Cultivars, Inc. v. Regents of U. of Cal., No. 16-2477 (N.D. Cal., filed May 2, 2015). Two former UC Davis…
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Ginger Ale Labeling Suit to Proceed Against Dr Pepper
A federal court has reportedly refused to dismiss a mislabeling class action alleging Dr Pepper’s Canada Dry Ginger Ale contains “real ginger” but dismissed the plaintiffs’ fraud claims with leave to amend. Fitzhenry-Russell v. Dr Pepper Snapple Grp., Inc., No. 170564 (N.D. Cal., motion hearing April 19, 2017). While the court found the plaintiffs’ labeling…
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“Technically Correct” Labels Can Be Misleading
The Ninth Circuit has reversed the dismissal of a putative class action alleging that Gerber’s baby food labels misled consumers about the nutritional value of its baby foods despite being “technically correct.” Bruton v. Gerber Prods. Co., No. 1515174 (9th Cir., order entered April 19, 2017). The plaintiff argued that the presence of impermissible nutrient…
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Asahi Facing False-Source Putative Class Action
A consumer has filed a projected class action alleging Asahi Beer U.S.A., Inc. misleads customers into believing that Asahi Super Dry beer is made in Japan despite being produced in Canada. Panvini v. Asahi Beer U.S.A., Inc., No. 17-1896 (N.D. Cal., filed April 5, 2017). The plaintiff claims that although most of the Asahi Dry…
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Court Tentatively Approves $8.25 Million Settlement in Whole Foods Kombucha Class Action
A federal court in California has given preliminary approval to a proposed $8.25-million settlement of a class action claiming that kombucha tea products manufactured by Millennium Products, Inc. and sold at Whole Foods were mislabeled. Retta v. Millennium Products, No. 15-1801 (C.D. Cal., order entered January 31, 2017). The plaintiffs claimed that the kombucha labels…