Category: U.S. Circuit Courts
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PCA Executive Sentenced to 28 Years in Prison
Stewart Parnell, former chief executive of Peanut Corp. of America (PCA), has been sentenced to 28 years in prison following a conviction on federal conspiracy and fraud charges for his part in a Salmonella outbreak that killed nine people and sickened more than 700. U.S. v. Parnell, No. 13-cr-0012 (M.D. Ga., Albany Div., order entered…
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Chipotle Fare Is Not GMO-Free, Purported Class Action Alleges
A California woman has filed a putative class action against Chipotle Mexican Grill Inc. alleging that, despite advertised claims to the contrary, the company’s restaurants do not serve food free of genetically modified organisms (GMOs). Gallagher v. Chipotle Mexican Grill Inc., No. 15-3952 (N.D. Cal., filed August 26, 2015). The complaint asserts that although the…
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Center for Food Safety Sues USDA for Ignoring FOIA Requests About GE Crops
The Center for Food Safety (CFS) has filed a lawsuit against the U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) alleging that the agency has routinely failed to respond to Freedom of Information Act (FOIA) requests for records related to genetically engineered (GE) crops. Ctr. for Food Safety v. Animal &…
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Safeway to Pay $30 Million for Online Grocery Markup
A California federal court has determined that Safeway is liable for $30 million in damages for claims alleging that the company charged different prices for products sold online despite a contractual agreement that in-store and online prices would be the same. Rodman v. Safeway Inc., No. 11-3003 (N.D. Cal., order entered August 31, 2015). The…
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Whole Foods’ “Criterion Collection” Wines Infringe Trademark, Video Company Alleges
Video publisher The Criterion Collection has filed a trademark dilution suit against Whole Foods and an alcohol supplier alleging that a line of wines introduced in June 2015 infringed on its name. The Criterion Collection v. Whole Foods Mkt., No. 15-7132 (S.D.N.Y., filed September 10, 2015). The Criterion Collection has licensed and published classic films…
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Brewery Sues Texas Alcoholic Beverage Commission for Right to Sell Six-Packs
Deep Ellum Brewing Co. has filed a lawsuit against the Texas Alcoholic Beverage Commission challenging the constitutionality of Texas Alcohol Beverage Code provisions forbidding brewers from selling their alcohol products on-site for off-premises consumption. Deep Ellum Brewing Co. v. Tex. Alcoholic Beverage Comm’n, No. 15-0821 (W.D. Tex., filed September 14, 2015). Dubbing the campaign “Operation Six…
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Court Approves Nearly $4 Million Settlement in Kashi GMO Case
A Florida federal court has granted preliminary approval of the settlement reached in a class action alleging that Kashi falsely advertised its products as “All Natural” despite containing genetically modified organisms (GMOs). Eggnatz v. The Kellogg Co., No. 12-21678 (S.D. Fla., order entered September 4, 2015). The court certified the class for settlement purposes and…
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Liability Issue for Injuries from Naturally Occurring Toxins Sent to Puerto Rico Supreme Court
A federal court in Puerto Rico has certified a question to the territory’s supreme court to determine whether a company can be held liable for injuries stemming from the consumption of a species of shrimp that can contain a naturally occurring toxin. Cabán v. JR Seafood Inc., No. 14-1507 (D.P.R., order entered September 11, 2015).…