Category: 9th Circuit
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Silk Cholesterol Suit to Continue, Hit with Separate Vanilla Suit
A California federal court has refused to dismiss a lawsuit alleging that Danone US Inc. creates “a misleading impression regarding the health-promoting benefits” of its Silk Coconutmilk because it markets the product with an accurate representation of the product as free of cholesterol. Marshall v. Danone US, Inc., No. 19-1332 (N.D. Cal., entered September 13,…
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Cannabis Edibles Co. Cannot Claim Trademark Ownership, Court Holds
A California federal court has rejected a trademark infringement claim on the grounds that the company alleging preceding use of the trademark manufactures cannabis-infused edibles, which are illegal under federal law. Kiva Health Brands LLC v. Kiva Brands Inc., No. 19-3459 (N.D. Cal., entered September 6, 2019). The parties to the litigation—Kiva Brands Inc. (KBI)…
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StarKist to Pay $100 Million in Price-Fixing Case
A California federal court has reportedly refused to lower the fine of $100 million that StarKist must pay following a guilty plea on charges of price fixing. The company apparently argued that the penalty could bankrupt it because it continues to face potential civil damages, but the court found that StarKist had legal recourse to…
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Ninth Circuit Sends Hemp Truck Case to State Court
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision not to apply an abstention that would defer a case on the legality of transporting hemp to state court proceedings. Big Sky Scientific v. Bennetts, No. 19-0040 (9th Cir., entered September 4, 2019). Hemp producers were reportedly hoping to receive…
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Chipotle Settles GMO Lawsuit for $6.5 Million
Chipotle Mexican Grill Inc. has agreed to pay $6.5 million to settle allegations that it misleadingly marketed its food as free of genetically modified organisms (GMOs). Schneider v. Chipotle Mexican Grill Inc., No. 16-2200 (N.D. Cal., motion for preliminary approval filed September 11, 2019). Under the agreement, class members can receive 10 meals with proof…
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Raw Chicken Contains Excess Water, Plaintiff Alleges
A consumer has filed a putative class action alleging that Trader Joe’s Co. sells raw poultry products that contain more retained water than indicated on the package. Webb v. Trader Joe’s Co., No. 19-1587 (S.D. Cal., removed August 23, 2019). The complaint alleges that the retained water in some packaged poultry was found to be…
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Whole Foods Water Contains Arsenic, Consumers Argue
Citing a Consumer Reports piece investigating the arsenic content of several bottled-water brands, three plaintiffs have filed a lawsuit alleging that Whole Foods Market Inc. sells water that “has some of the highest arsenic levels of any bottled water presently being marketed in the United States, with some bottles exceeding the maximum arsenic contamination levels…
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Court Dismisses Clif Bar White Chocolate Suit
A California federal court has dismissed a lawsuit alleging that Clif Bars misled consumers into believing their bars contained white chocolate, but it granted the plaintiffs leave to amend their allegations. Joslin v. Clif Bar & Co., No. 18-4941 (N.D. Cal., entered August 26, 2019). The court first found that the plaintiffs failed to show…