Category: 9th Circuit
-
“Natural” Capri Sun Contains Artificial Ingredients, Putative Class Action Alleges
A consumer has filed a putative class action alleging that Capri Sun®, a product of Kraft Foods Group, is misleadingly represented as “natural” because it contains citric acid and “natural flavor.” Osborne v. Kraft Foods Grp., Inc., No. 15-2653 (N.D. Cal., filed June 12, 2015). The complaint asserts that citric acid is created synthetically through…
-
Class Certified in Fat-Free Cheddar Cheese “Natural” Lawsuit
A California federal court has certified a class of consumers challenging the “natural” label on Kraft’s fat-free cheddar cheese product but limited the class only to consumers who relied on that labeling when purchasing the product. Morales v. Kraft Foods Grp., Inc., No. 14-4387 (C.D. Cal., order entered June 23, 2015). The complaint had asserted…
-
SCOTUS Deems Raisins Program a Constitutional Taking
The U.S. Supreme Court has ruled that a provision in the Agricultural Marketing Agreement Act of 1937, a U.S. Department of Agriculture program that regulates U.S. production and sales of raisins, amounts to a constitutional taking and requires just compensation to plaintiffs and other raisin farmers. Horne v. USDA, No. 14-275 (U.S., decided June 22,…
-
Heinz Frozen Tater Tots and Fries Contain Trans Fats, Putative Class Action Alleges
A consumer has filed a putative class action against H.J. Heinz Co. alleging that the company’s frozen microwave French fries and tater tots contain partially hydrogenated oil (PHO), which contains artificial trans fat, despite packaging that indicates the products contain “0g trans fat.” Backus v. H.J. Heinz Co., No. 15-2738 (N.D. Cal., filed June 18,…
-
Claim Dismissal Affirmed in Twinings “Antioxidant” Lawsuit
A California federal court has confirmed its ruling that a plaintiff in a class action against Twinings North America cannot pursue her claim of unjust enrichment because it duplicates her consumer protection claims. Lanovaz v. Twinings N. Am., No. 12-2646 (N.D. Cal., order entered June 10, 2015). Details about the court’s previous rulings narrowing the claims…
-
“Natural” Prego® Sauces Alleged to Contain Unnatural Canola Oil
In an amended complaint, a plaintiff has alleged that Campbell Soup Co.’s Prego® sauces contain canola oil with genetically modified organisms (GMOs) despite the products’ “100% Natural” label claims. Nelson v. Campbell Soup Co., No. 14-2647 (S.D. Cal., amended complaint filed June 8, 2015). The complaint asserts that 90 percent of canola crops in the…
-
Putative Class Action Challenges Source of Bulleit® Bourbon
A consumer has filed a putative class action against Diageo Americas Supply alleging that its Bulleit® bourbon is not produced in Lawrenceburg, Kentucky, as its label states. M’Baye v. Diageo Ams. Supply, Inc., No. 15-1216 (S.D. Cal., filed June 1, 2015). The complaint asserts that Diageo does not operate a distillery in Lawrenceburg and further…
-
4-MEI Consolidated Class Action to Continue in California
A California federal court has refused to dismiss a class action consolidated from nine lawsuits against PepsiCo, Inc. alleging that the company concealed its products’ content of 4-methylimidazole (4-MEI), a chemical listed as known to cause cancer or reproductive harm under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v.…