Category: U.S. Circuit Courts
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Plaintiff Reaches Agreement with Skinnygirl in Margarita False Advertising Suit
Skinnygirl Cocktails, LLC and a consumer have filed a joint stipulation of dismissal in a lawsuit alleging that the company and its reality-TV star founder, Bethenny Frankel, mislabeled its Margarita cocktail as “natural” despite containing the preservative sodium benzoate. Langendorf v. Skinnygirl Cocktails, LLC, No. 11-7060 (N.D. Ill., joint stipulation of voluntary dismissal with prejudice…
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Red Bull False Advertising Settlement Approved
A New York federal court has reportedly approved an agreement between Red Bull GmbH and a class of consumers, settling allegations that Red Bull falsely advertised its product as providing more benefit than coffee provides. Careathers v. Red Bull N. Am. Inc., No. 13-0369 (S.D.N.Y., order entered May 1, 2015); Wolf v. Red Bull GmbH,…
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“Handmade” Claim “Obviously Cannot Be Used Literally to Describe Bourbon,” Court Finds
A Florida federal court has dismissed a lawsuit alleging that Beam Suntory Inc. and Maker’s Mark Distillery falsely label their Maker’s Mark® bourbon as “handmade” because they manufacture the product using a mechanized process. Salters v. Beam Suntory, Inc., No. 14-659 (N.D. Fla., order entered May 1, 2015). The plaintiffs “have been unable to articulate…
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Shook Partner Discusses “Meta” Class of Class Counsel After GMO-Rice MDL
In a May 5, 2015, Law360 analysis, Shook, Hardy & Bacon Partner Andy Carpenter chronicles a “meta” class action against Riceland Foods, Inc., a party to multidistrict litigation (MDL) stemming from the use of genetically modified organism (GMO) rice, which several thousand rice farmers alleged had tainted the U.S. rice supply. After Riceland obtained a…
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Texas Settles Alamo Trademark Suit with Beer Cos.
Texas has settled a trademark dispute with Alamo Beer Co. and Old 300 Brewing after the state intervened in Alamo Beer’s lawsuit alleging Old 300 infringed its trademarked Alamo silhouette. Alamo Beer Co. v. Old 300 Brewing, LLC, No. 14-285 (W.D. Tex., consent order entered April 28, 2015). According to court documents, the settlement establishes that…
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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…
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Vermont GMO Labeling Law to Take Effect as Scheduled; Case to Continue
A Vermont federal court has denied a preliminary injunction that would have prevented from taking effect the nation’s first state law requiring the labeling of food products manufactured with genetically modified organisms (GMOs). Grocery Mfrs. Ass’n v. Sorrell, No. 14-0117 (D. Vt., order entered April 27, 2015). Several food industry groups challenged the statute’s provisions…
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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.,…