Category: U.S. Circuit Courts
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Groups Sue EPA for Alleged Failure to Regulate Novel Nanotechnology Pesticide Products
Several consumer and environmental groups, including the Center for Food Safety and Center for Environmental Health, have filed a lawsuit against the U.S. Environmental Protection Agency (EPA) seeking declaratory and injunctive relief for EPA’s alleged failure to respond to the groups’ 2008 petition calling for regulation of consumer products containing nano-sized versions of silver. Ctr. for…
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Unilever Drops False Ad Claims Against “Just Mayo”
Hellmann’s producer Unilever has filed a notice of voluntary dismissal in a case alleging that Hampton Creek’s plant-based mayonnaise substitute, “Just Mayo,” could not call itself mayo because it contains no eggs as required by U.S. Food and Drug Administration standards for the product. Conopco Inc. v. Hampton Creek Inc., No. 14-6856 (D.N.J., notice filed December…
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Class Decertified in Blue Diamond ECJ Almond-Milk Labeling Case
A California federal court has granted Blue Diamond’s motion to decertify a statewide class of consumers who alleged that the company’s almond milk product labels were misleading because they cited “evaporated cane juice” on the ingredient list rather than the alleged common name for the substance, sugar. Werdebaugh v. Blue Diamond Growers, No. 12-2724 (N.D.…
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Safeway Breached Contract by Adding Online-Only Markup, Says Federal Court
A California federal court has granted plaintiffs’ motion for summary judgment in a case alleging that Safeway charged a class of consumers more than the prices permitted under the terms of its online service contract when the consumers purchased groceries from the grocer’s website. Rodman v. Safeway, No. 11-3003 (order entered December 10, 2014). Safeway…
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Court Dismisses V8 V-Fusion® Misleading Labeling Lawsuit
A Florida federal court has dismissed a case alleging that Campbell Soup Co. misleadingly labeled its V8 V-Fusion® Pomegranate Blueberry and Acai Mixed Berry products as “100% juice” in a way that implied they contained only the flavoring juices rather than a base mix of fruit and vegetable juices. Bell v. Campbell Soup Co., No. 14-291…
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Maker’s Mark Bourbon Not “Handmade,” Putative Class Action Alleges
Two consumers have filed a putative class action in California federal court alleging that Maker’s Mark® bourbon whisky is not “handmade,” as the alcohol brand advertises, but is instead manufactured using “mechanized and/or automated processes” with “little to no human supervision, assistance or involvement.” Nowrouzi v. Maker’s Mark Distillery, Inc., No. 14-2885 (S.D. Cal., filed…
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Court Refuses to Certify Class Alleging Mott’s False Advertising
A California federal court has denied certification to a putative class action alleging that Mott’s misleadingly labeled its apple juice as having “No Sugar Added” because the plaintiff failed to provide a feasible model for calculating damages. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered December 3, 2014). The court further refused to…