Category: 9th Circuit
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California Files Prop. 65 Action Against Seafood Cos.
California Attorney General Xavier Becerra filed a lawsuit against five importers, wholesalers and distributors of seafood, alleging they sell fish with levels of cadmium and lead high enough to require warnings governed by the Safe Drinking Water and Toxic Enforcement Act (Prop. 65). California v. Pacific Am. Fish Co. Inc. (Cal. Super. Ct., filed December 28, 2020).…
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Consumers Challenge Tuna Content in Subway Tuna Sandwiches
A putative class action has alleged that Subway Restaurants Inc. sells tuna products that “do not contain any tuna nor have any ingredient that constitutes tuna”—the products “are completely bereft of tuna as an ingredient,” according to the complaint. Dhanowa v. Subway Restaurants Inc., No. 21-0498 (N.D. Cal., filed January 21, 2021). “As independent testing has…
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Consumers Allege “Hawaiian Host” Candy Name Misleads
Two consumers allege that Hawaiian Host Candies, “synonymous with Hawaii,” are made in Gardena, California. Toy v. Hawaiian Host Candies of L.A. Inc., No. 20-2191 (C.D. Cal., filed November 17, 2020). “Had Plaintiffs and other consumers known that the Hawaiian Host Products are not made in Hawaii, they would have paid significantly less for them,…
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FDA Sues Juice Supplier, Alleging Insanitary Conditions
The U.S. Food and Drug Administration (FDA) has filed a lawsuit seeking to enjoin Valley Processing Inc. from introducing adulterated food into interstate commerce. USA v. Valley Processing Inc., No. 20-3191 (E.D. Wa., filed November 6, 2020). FDA alleges Valley Processing’s juice products “have been found to contain inorganic arsenic and patulin, both toxins which…
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Court Certifies Class of Breadcrumbs Buyers Challenging PHO Content
A California federal court has granted class certification to consumers who purchased Kroger Co. breadcrumbs relying on a front-label representation stating the product contained “0g Trans Fat” despite the product’s partially hydrogenated oil (PHO) content. Hawkins v. Kroger Co., No. 15-2320 (S.D. Cal., entered November 9, 2020). The court found that the class met all requirements…
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FDA Ordered to Reexamine GE Salmon
A California federal court has ordered the U.S. Food and Drug Administration (FDA) to conduct an assessment on the effects that could ensue if genetically engineered (GE) salmon escaped aquaculture farms and established themselves in the wild. Inst. for Fisheries Resources v. FDA, No. 16-1574 (N.D. Cal., entered November 5, 2020). The court found that the…
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Court Dismisses Part of Vanilla Suit Against Kellogg
A California federal court has dismissed without prejudice a lawsuit alleging Kellogg Sales Co. misleads consumers as to the characterizing flavor of its Bear Naked V’Nilla Almond granola, finding that the plaintiff could not support his allegation that the product does not contain sufficient amounts of vanilla. Zaback v. Kellogg Sales Co., No. 20-0268 (S.D. Cal.,…
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“Sour Cream” Chips Flavored with Diacetyl, Plaintiff Alleges
A consumer has alleged that Frito-Lay Inc.’s Baked Cheddar and Sour Cream chips use diacetyl to obtain the sour cream flavor without referring to diacetyl as a characterizing flavor. Vado v. Frito-Lay Inc., No. 20-2055 (S.D. Cal., filed October 19, 2020). The complaint asserts that artificial diacetyl, which provides a butter flavor, is used to…