Category: 9th Circuit
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Advocacy Groups Sue FDA for Inaction on Foodborne Illness Programs
The Center for Food Safety and Center for Environmental Health have filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to promulgate rules for a program to improve foodborne-illness detection as required under the Food Safety Modernization Act (FSMA). Ctr. for Food Safety v. Azar, No. 19-5168 (N.D. Cal., filed August…
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Creamery Targeted with Designation of Geographic Origin Lawsuit
A plaintiff has filed a putative class action alleging Tillamook County Creamery Association misleadingly markets its products as sourced from cows in Tillamook County. Bohr v. Tillamook Cty. Creamery Ass’n, No. 19-36208 (Ore. Cir. Ct., Multnomah Cty., filed August 19, 2019). The complaint alleges that consumers “increasingly seek out and are willing to pay more…
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Coconut Milk “Healthy” Suit Dismissed
A California federal court has dismissed a putative class action complaint alleging that Danone U.S. Inc.’s So Delicious Coconut Milk is misleadingly marketed as healthful. Andrade-Heymsfield v. Danone U.S. Inc., No. 19-0589 (S.D. Cal., entered August 14, 2019). Danone argued that the challenged statements were not health or nutrient content claims, and the court assessed…
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Clif Bar Added Sugar Suit to Continue
A California federal court has denied Clif Bar & Co.’s motion to dismiss a putative class action alleging that its Clif bars contain high levels of sugar but are misleadingly marketed as healthful. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., entered August 20, 2019). The court disagreed with Clif’s argument that the…
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Stoney Patch Infringes Trade Dress, Alleges Sour Patch Maker
Mondelez Canada Inc. has filed a lawsuit in California federal court alleging Stoney Patch cannabis-infused gummies infringe the trademark and trade dress of Sour Patch gummy candies. Mondelez Canada Inc. v. Stoney Patch, No. 19-6245 (C.D. Cal., W. Div., filed July 19, 2019). Stoney Patch candies, which contain tetrahydrocannabinol (THC), and Sour Patch Kids are…
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Plaintiff Cites Consumer Reports and Prop. 65 in Fruit Juice Arsenic Lawsuit
A consumer has filed a putative class action alleging that Welch Foods Inc.’s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California’s Safe Drinking Water and Toxic Enforcement…
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Cereal Misleads on Primary Sweetener, Plaintiff Alleges
A consumer has filed a putative class action alleging that Post Consumer Brands’ Honey Bunches of Oats is misleadingly named because the cereals are sweetened primarily by “sugar, corn syrup, and other refined substances, and contain only miniscule amounts of honey.” Tucker v. Post Consumer Brands LLC, No. 19-3993 (N.D. Cal., filed July 11, 2019).…
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Court Blames Bees in Manuka Honey Lawsuit Dismissal
A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe’s Co.’s “pure manuka honey” was “adulterated by the inclusion of cheaper honey.” Moore v. Trader Joe’s Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court’s decision notes a transcript from oral argument in which the plaintiff explained, “[T]here could…