Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Red Bull Criticized for Opposition to “Old Ox” Trademark Registration

    Red Bull GmbH has filed a notice of opposition to Old Ox Brewery’s federal trademark application, arguing that the brewery’s marks are likely to confuse consumers because both animals “fall within the same class of ‘bovine’ animals and are virtually indistinguishable to most consumers.” In re Application No. 86/269,626 and 86/269,577 (U.S. Pat. & Trademark Office,…

  • Putative Class Action Alleges Damage to Guatemalan Environment by Chiquita Supplier

    A consumer has filed a proposed class action in California federal court alleging that Chiquita Brands, Inc. is responsible for the destructive practices of its “de facto subsidiary,” Cobigua, including the effects of its use of pesticides on the water supply of neighboring communities. Jablonowski v. Chiquita Brands, Inc., No. 15-262 (S.D. Cal., filed February…

  • California Lawsuit Alleges That P.F. Chang’s Surcharge on Gluten-Free Foods Violates ADA

    A consumer has filed a putative class action alleging the $1 surcharge that P.F. Chang’s imposes on its gluten-free menu items violates the Americans with Disabilities Act (ADA) by discriminating against those with celiac disease. Phillips v. P.F. Chang’s China Bistro, No. 15-344 (N.D. Cal., removed to federal court January 23, 2015). The complaint asserts that…

  • Fourth Circuit Confirms Dismissal of Spam Marketing Suit Against Kraft

    The Fourth Circuit Court of Appeals has affirmed a lower court’s dismissal of a case alleging that Kraft spammed an Internet service provider (ISP) with advertisements for its Gevalia® coffee products. Beyond Systems, Inc. v. Kraft Foods, Inc., No. 13-2137 (4th Cir., order entered February 4, 2015). Beyond Systems sued Kraft alleging violations of Maryland’s…

  • Lawsuit Challenging Florida Skim Milk Labeling to Continue

    A Florida federal court has denied the state’s motion to dismiss a First Amendment lawsuit challenging regulations that require products labeled as “skim milk” to contain the same amount of vitamin A as whole milk. Ocheesee Creamery, LLC v. Putnam, No. 14-621 (N.D. Fla., order entered February 7, 2015). Because the process of skimming cream from…

  • Marie Callender’s “All Natural” Suit to Proceed

    A California federal court has allowed most of the claims to proceed in a lawsuit alleging that Marie Callender’s baking mixes are labeled “all natural” despite containing the synthetic ingredient sodium acid pyrophosphate. Musgrave v. ICC/Marie Callender’s Gourmet Prods. Div., No. 14-2006 (U.S. Dist. Ct., N.D. Cal., order entered February 5, 2015). The court dismissed the…

  • Food & Water Watch Challenge to New Poultry Inspection System Dismissed

    Finding a lack of standing, a D.C. federal court has dismissed Food & Water Watch’s lawsuit alleging that the U.S. Department of Agriculture’s (USDA’s) New Poultry Inspection System (NPIS) is inconsistent with the Poultry Products Inspection Act (PPIA), which requires USDA to ensure that poultry products are wholesome, unadulterated and properly marked, labeled and packaged.…

  • Meat Industry’s COOL Challenge Dropped

    Challengers to the U.S. Department of Agriculture’s country-of-origin labeling (COOL) rules requiring meat products to indicate where the animals were born, raised and slaughtered reportedly will not continue to pursue their claims, according to a stipulation of dismissal. Am. Meat Inst. v. USDA, No. 13-1033 (D.C., stipulation filed February 9, 2015). The meat and poultry…