Category: U.S. Circuit Courts
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Challenge to Jim Beam® “Handcrafted” Label Dismissed
A California federal court has dismissed a putative class action alleging that Jim Beam Brands and Beam Suntory Import mislabel Jim Beam® bourbon bottles because the label calls the product “handcrafted” despite its machine-based manufacturing process. Welk v. Beam Suntory Imp. Co., No. 15-0328 (S.D. Cal., order entered August 21, 2015). The plaintiff had alleged…
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“Freshly Baked” Bread Lawsuit Dismissed Against Supermarkets
A New Jersey federal court has dismissed putative class actions against Whole Foods Market Group Inc., Wegmans Food Markets Inc. and Acme Markets Inc. alleging that they misrepresented their bread products as “freshly baked” or “baked in-store” despite actually being frozen, processed or baked elsewhere. Mladenov v. Wegmans Food Mkts. Inc., No. 15-0373 (D.N.J., order…
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Fireball® Makers Challenge “Fire Flask” Malt Beverage
Sazerac Co., maker of Fireball® cinnamon whiskey, has filed a trademark infringement action against Stout Brewing Co. alleging that the brewer’s Fire Flask displays trademarks and trade dress designed to look like Fireball®. Sazerac Co., Inc. v. Stout Brewing Co., No. 15-0107 (W.D. Ky., filed August 14, 2015). Fire Flask is a malt beer product…
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Costco Shrimp Farmed with Slave Labor, Proposed Class Action Alleges
A consumer has filed a putative class action against Costco Wholesale Corp. alleging that the company sells shrimp obtained with slave labor in Thailand. Sud v. Costco Wholesale Corp., No. 15-3783 (N.D. Cal., filed August 19, 2015). Citing documentaries and media reports, the complaint asserts that through its store brand, Kirkland, Costco has been selling…
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Humane Society’s “Other White Meat” Suit Revived
A lawsuit dismissed in 2013 alleging that the National Pork Board purchased the tagline “The Other White Meat” from the National Pork Producers Council for fraudulent reasons has been revived by the Court of Appeals for the D.C. Circuit. Humane Soc’y of the U.S. v. Vilsack, No. 13-5293 (D.C. Cir., order entered August 14, 2015). The…
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General Mills Trans Fat Case Stayed for FDA Guidance
A California federal court has granted a stay awaiting guidance from the U.S. Food and Drug Administration (FDA) in a putative class action alleging that General Mills uses partially hydrogenated vegetable oils, which contain trans fat, in its baking mixes. Backus v. Gen. Mills, Inc., No. 15-1964 (N.D. Cal., order entered August 18, 2015). After…
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Previous Trans Fat Litigation Proves Plaintiff’s Knowledge, Court Finds
After dismissing a portion of the claims in July 2015, a California federal court has dismissed the remaining claims in a lawsuit against Nissin Foods Co. Inc. alleging that the use of partially hydrogenated oil (PHO) violates California law. Guttmann v. Nissin Foods (U.S.A.) Co., Inc., No. 15-0567 (N.D. Cal., order entered August 14, 2015). The…
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Tito’s “Handmade” Vodka Label Targeted Again in Proposed Class Action
A consumer has filed a lawsuit against Fifth Generation, Inc. alleging that its Tito’s Handmade Vodka® is not “handmade” as claimed on the label because it is produced through a mechanized process. Wilson v. Fifth Generation, Inc., No. 15-561 (M.D. Ala., filed August 5, 2015). The complaint joins a number of other lawsuits alleging similar facts…