Category: 9th Circuit
-
Court Refuses to Block Oregon County’s GMO Ban
A ban on growing genetically modified organisms (GMOs) in Jackson County, Oregon, took effect on June 5, 2015, after a federal court refused to block the voter-approved statute at the request of alfalfa farmers who have grown GMO crops. Schultz Family Farms LLC v. Jackson Cty., No. 14-1975 (D. Ore., Medford Div., order entered May…
-
StarKist, Consumers Reach $12 Million Settlement in Underfilled Cans Litigation
StarKist Co. and a class of consumers have filed a proposed settlement agreement for $12 million in a case alleging that the company underfilled its cans of tuna. Hendricks v. StarKist Co., No. 13-0729 (N.D. Cal., motion filed May 14, 2015). Under the agreement, StarKist will pay $8 million in $25 cash increments and provide…
-
Court Dismisses Natural Claims Against Nature’s Own® Wheat Bread
A California federal court has dismissed the claims in a putative class action alleging that Flowers Bakeries misrepresents its Nature’s Own® bread as natural, healthy and wholesome despite containing synthetic ingredients, including azodicarbonamide, the “yoga mat chemical.” Romero v. Flowers Bakeries, No. 14-5189 (N.D. Cal., San Jose Div., order entered May 6, 2015). The plaintiffs…
-
Trans Fat Putative Class Actions Filed Against General Mills, Nestlé
A California man has filed purported class actions against Nestlé USA Inc. and General Mills Inc. claiming that both companies use trans fat in their products—specifically, General Mills’ baking mixes and Nestlé’s coffee creamers—despite the availability of acceptable alternative ingredients without trans fat. Backus v. Gen. Mills Inc., No. 15-1964 (N.D. Cal., filed April 30,…
-
Suit Challenging Smart Balance® Cholesterol-Blocking Claims to Continue
A California federal court has denied Boulder Brands, Inc.’s motion to dismiss a lawsuit alleging that the company misrepresents the cholesterol-blocking effect of the plant sterols in its Smart Balance® butter products because the amount of plant sterols is “not enough to generate a ‘clinically meaningful cholesterol blocking effect.’” Mitchell v. Boulder Brands, Inc., No. 12-1862…
-
Hain Celestial “All Natural” Beverage Suit to Continue
A California federal court has granted in part and dismissed in part a motion to dismiss a putative consumer class action against The Hain Celestial Group alleging that the company mislabels its Sunflower Dream Drink as “all natural” despite containing artificial or synthetic ingredients, including xanthan gum and folic acid. Anderson v. The Hain Celestial Grp.,…
-
Consumer Organizations Allege USDA Violated Procedure with Contaminated Compost Rule
The Center for Food Safety, Center for Environmental Health and Beyond Pesticides have filed a lawsuit against the leaders of the U.S. Department of Agriculture (USDA), Agricultural Marketing Service and National Organic Program (NOP) arguing that USDA failed to allow public comments on a contaminated compost rule before issuing a guidance document on the subject.…
-
Putative Class Action Targets Kind LLC’s “Healthy” Claim
Days after the U.S. Food and Drug Administration (FDA) released a March 2015 letter warning Kind LLC against using the word “healthy” to describe several of its products, a consumer filed a class action against the company alleging negligent misrepresentation and violations of California consumer protection statutes. Kaufer v. Kind LLC, No. 15-2878 (C.D. Cal.,…