Category: U.S. Circuit Courts
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Consumers Allege “Hawaiian Host” Candy Name Misleads
Two consumers allege that Hawaiian Host Candies, “synonymous with Hawaii,” are made in Gardena, California. Toy v. Hawaiian Host Candies of L.A. Inc., No. 20-2191 (C.D. Cal., filed November 17, 2020). “Had Plaintiffs and other consumers known that the Hawaiian Host Products are not made in Hawaii, they would have paid significantly less for them,…
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Toddler Formula Companies Hit with Lawsuits
Three similar lawsuits were filed against Target Corp., Gerber Products Co. and Mead Johnson & Co. alleging their “transition” formulas intended for 9- to 18-month-old children are misleadingly marketed as reviewed and monitored by the U.S. Food and Drug Administration to the same extent infant formulas are. Gavilanes v. Gerber Prods. Co., No. 20-5558 (E.D.N.Y.,…
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Consumer Alleges “Slightly Sweet” Chai is Misleading
A consumer has filed a putative class action alleging that Kerry Inc.’s Oregon Chai products contain too much sugar to be labeled “slightly sweet.” Brown v. Kerry Inc., No. 20-9730 (S.D.N.Y., filed November 18, 2020). The complaint argues that the product’s “most prominent claim, ‘Slightly Sweet,’ is an unlawful nutrient content claim that makes an ‘absolute’…
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FDA Sues Juice Supplier, Alleging Insanitary Conditions
The U.S. Food and Drug Administration (FDA) has filed a lawsuit seeking to enjoin Valley Processing Inc. from introducing adulterated food into interstate commerce. USA v. Valley Processing Inc., No. 20-3191 (E.D. Wa., filed November 6, 2020). FDA alleges Valley Processing’s juice products “have been found to contain inorganic arsenic and patulin, both toxins which…
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Massachusetts Court Dismisses Ginger Ale Claims
A Massachusetts federal court has dismissed allegations against Polar Corp. asserting the company’s ginger ale products contain a “miniscule amount” of ginger that “provides none of the health benefits consumers associate with real ginger.” Fitzgerald v. Polar Corp., No. 20-10877 (D. Mass., entered November 10, 2020). The court noted that the complaint “appears to have been…
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Court Certifies Class of Breadcrumbs Buyers Challenging PHO Content
A California federal court has granted class certification to consumers who purchased Kroger Co. breadcrumbs relying on a front-label representation stating the product contained “0g Trans Fat” despite the product’s partially hydrogenated oil (PHO) content. Hawkins v. Kroger Co., No. 15-2320 (S.D. Cal., entered November 9, 2020). The court found that the class met all requirements…
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FDA Ordered to Reexamine GE Salmon
A California federal court has ordered the U.S. Food and Drug Administration (FDA) to conduct an assessment on the effects that could ensue if genetically engineered (GE) salmon escaped aquaculture farms and established themselves in the wild. Inst. for Fisheries Resources v. FDA, No. 16-1574 (N.D. Cal., entered November 5, 2020). The court found that the…
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Court Dismisses Part of Vanilla Suit Against Kellogg
A California federal court has dismissed without prejudice a lawsuit alleging Kellogg Sales Co. misleads consumers as to the characterizing flavor of its Bear Naked V’Nilla Almond granola, finding that the plaintiff could not support his allegation that the product does not contain sufficient amounts of vanilla. Zaback v. Kellogg Sales Co., No. 20-0268 (S.D. Cal.,…