Category: U.S. Circuit Courts
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Jury Finds for Heinz in “Dip & Squeeze” Packet Dispute
A federal jury in Pennsylvania has found that H.J. Heinz Co. did not appropriate the idea of a dual-opening condiment packaging, the “Dip & Squeeze” packet, from a man who proposed a similar idea during a meeting with the company. Wawrzynski v. H.J. Heinz Co., No. 11-1098 (W.D. Penn., verdict entered April 1, 2015). The…
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Florida Federal Courts Allow “Natural” Pretzel Challenges to Continue
A Florida federal court has granted in part and denied in part a motion to dismiss a putative class action alleging that Snyder’s-Lance, Inc. misleadingly labels its pretzels and chips as “natural” despite containing “unnatural genetically-modified organisms (‘GMOs’) and, in many cases, other unnatural artificial and synthetic ingredients.” Barron v. Snyder’s-Lance, Inc., No. 13-62496 (S.D. Fla.,…
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Hershey Escapes Chocolate Labeling Suit
A California federal court has granted Hershey’s motion for summary judgment in a lawsuit originally alleging that the company mislabels its Kisses®, cocoa products and Ice Breakers® mints with respect to healthy diet claims, sugar-free claims, serving sizes, and the content of antioxidants, nutrients, vanillin, and polyglycerol polyricinoleic acid. Khasin v. The Hershey Co., No. 12-1862…
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“Barefoot Contessa” and Seafood Company Reach Settlement
Food Network’s “Barefoot Contessa” and her company have reportedly reached a settlement agreement with Aqua Star (USA) Co. less than one month after the celebrity chef filed a complaint alleging trademark infringement for frozen dinners bearing the phrase “Contessa Chef Inspired.” Barefoot Contessa Pantry LLC v. Aqua Star (USA) Co., No. 15-1092 (U.S. Dist. Ct., S.D.N.Y.,…
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Denied Certification, Energy Drink Plaintiffs Settle for Cost of One Product
Two plaintiffs who alleged that Vital Pharmaceuticals Inc. conceals the unsafe nature of its Redline® Xtreme energy drink have settled with the company for the approximate purchase price of a single product plus interest. Mirabella v. Vital Pharm., Inc., No. 12-62086 (U.S. Dist. Ct., S.D. Fla., joint stipulation and notice of settlement filed March 16, 2015).…
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Jamba Juice® “All Natural” Smoothie Kit Settlement Approved
A California federal court has approved the proposed settlement in a class action alleging that Jamba Juice® mislabels its smoothie kits as “all natural” despite containing synthetic ingredients gelatin, xanthan gum, ascorbic acid, steviol glycosides, and modified corn starch. Lilly v. Jamba Juice Co., No. 13-2998 (U.S. Dist. Ct., N.D. Cal., settlement approved March 18,…
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Kind “No Refined Sugar” Claims Fail Reasonable Consumer Test, Court Finds
An Illinois federal court has dismissed a lawsuit alleging that Kind misleadingly labeled its Vanilla Blueberry Clusters as having “no refined sugars” despite containing evaporated cane juice (ECJ) and molasses. Ibarrola v. Kind, LLC, No. 12-50377 (N.D. Ill., order entered March 12, 2015). The plaintiff had alleged that ECJ and molasses result from refining sugar cane—albeit…
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Hall & Oates Allege Trademark Infringement by “Haulin’ Oats” Granola
Whole Oats Enterprises, a partnership of musicians Daryl Hall and John Oates, has filed a lawsuit against Early Bird Foods & Co. alleging that the name of the company’s “Haulin’ Oats” granola product infringes on their trademarks. Whole Oats Enters. v. Early Bird Foods & Co., No. 15-1124 (E.D.N.Y., filed March 4, 2015). The musicians own…