Category: U.S. Circuit Courts
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Blue Diamond Almond Milk Target of New “All Natural” Action
A consumer has filed a putative class action in New York federal court against Blue Diamond Growers alleging that the company deceptively labels its Almond Breeze Almond Milk as “All Natural” despite containing potassium citrate, Vitamin A Palmitate, Vitamin D2, and D-Alpha-Tocopherol. Harlam v. Blue Diamond Growers, No. 15-877 (E.D.N.Y., filed February 19, 2015). The plaintiff…
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Class of Energy Drink Consumers Not Identifiable, Florida Court Says
A Florida federal court has refused to certify a nationwide class in a case alleging that Vital Pharmaceuticals Inc. conceals the unsafe nature of its Redline® Xtreme energy drink. Mirabella v. Vital Pharm., Inc., No. 12-62086 (S.D. Fla., order entered February 27, 2015). Vital Pharmaceuticals argued that the class was unascertainable because it does not…
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“No Sugar Added” Lawsuit Against Ocean Spray Dismissed in California
Refusing to certify the class, a California federal court has granted a partial motion to dismiss in a putative class action alleging that Ocean Spray Cranberries Inc. mislabels its “100% Juice” products as “No Sugar Added” despite adding fruit juice from concentrate. Major v. Ocean Spray Cranberries, Inc., No. 12-3067 (N.D. Cal., order entered February…
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California Federal Court Dismisses 4-MEI Suit Against PepsiCo Inc.
A California federal court has dismissed a lawsuit arguing that PepsiCo Inc. should provide medical monitoring for a class of Diet Pepsi or Pepsi One purchasers because the company does not warn consumers that 4-methylimidazole (4-MEI), a compound in caramel coloring, has allegedly been linked to potential health risks in rodent studies. Riva v. PepsiCo,…
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Ex-Licensee Allegedly Infringing on Barefoot Contessa Mark
Ina Garten, the chef who hosts Food Network’s “Barefoot Contessa,” and her company have filed a lawsuit against a seafood producer for allegedly infringing the Barefoot Contessa mark with its line of “Contessa Chef Inspired” frozen dinners. Barefoot Contessa Pantry LLC v. Aqua Star (USA) Co., No. 15-1092 (S.D.N.Y., filed February 17, 2015). Barefoot Contessa,…
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Lawsuit Challenges Jim Beam’s “Handcrafted” Claim
A consumer has filed a putative class action against Jim Beam Brands Co. and its owner Beam Suntory Import Co. alleging that the label indicating that the bourbon whiskey is “handcrafted” is misleading because the bourbon is produced with machines. Welk v. Beam Suntory Import Co., No. 15-328 (U.S. Dist. Ct., filed February 17, 2015).…
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Settlement Reached in Papa John’s Delivery Tax Dispute
According to a joint motion filed in Florida federal court, Papa John’s International Inc. and a class of consumers have reached an agreement in a lawsuit alleging that the pizza company charged tax on delivery fees in violation of state law. Schojan v. Papa John’s Intl. Inc., No. 14-1218 (M.D. Fla., motion filed February 16,…
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“Aunt Jemima” $3 Billion Royalties Suit Against PepsiCo, Quaker Oats Dismissed
An Illinois federal court has dismissed with prejudice a suit brought by two purported heirs of Anna Short Harrington, the woman who portrayed Aunt Jemima from 1935 to the 1950s, against PepsiCo Inc., The Quaker Oats Co., Pinnacle Foods Group, and The Hillshire Brands Co. Hunter v. PepsiCo Inc., No. 14-6011 (U.S. Dist. Ct., N.D.…