Category: U.S. Circuit Courts
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Settlement Reached in Jamba Juice “All Natural” Smoothie Kits Class Action
After a California federal court certified the class for liability but not for damages, the parties to a class action alleging that Jamba Juice mislabeled its smoothie kits as “all natural” despite containing synthetic ingredients like gelatin and xanthan gum have reached a settlement. Lilly v. Jamba Juice Co., No. 13-2998 (U.S. Dist. Ct., N.D.…
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Court Details Dismissal of Olive Oil Owners from False-Labeling Class Action
After granting a motion for summary judgment in favor of Kangadis Food Inc.’s (KFI’s) owners, a New York federal court has issued an order further explaining its decision to dismiss the owners from a false-labeling class action. Ebin v. Kangadis Family Mgmt. LLC, No. 14-1324 (S.D.N.Y., order entered December 1, 2014). Additional information about the initial…
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Court Dismisses Lawsuit Challenging FDA’s Inaction on Mercury Labeling
A federal court has granted summary judgment for the U.S. Food and Drug Administration (FDA) in a lawsuit brought by the Center for Science in the Public Interest (CSPI) and Mercury Policy Project (MPP) alleging that the agency has egregiously delayed a response to the organizations’ 2011 petition urging FDA to require the labeling of…
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Wolfgang’s FACTA Suit to Proceed with Amended Complaint
A New York federal court has rejected Wolfgang’s Steakhouse and ZMF Restaurants LLC’s motion to dismiss a case alleging that the restaurant violated the Fair and Accurate Credit Transactions Act of 2003 (FACTA) by printing credit card expiration dates on receipts. Fullwood v. Wolfgang’s Steakhouse, Inc., No. 13-7174 (S.D.N.Y., order entered November 14, 2014). The court found…
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Eighth Circuit Says Likelihood of MSG to Cause Harm Is Factual Matter
In a dispute over commercial liability insurance coverage, the Eighth Circuit Court of Appeals has ruled that a trial court erred in deciding, as a matter of law, that a recall of sausage breakfast sandwiches prompted by contamination with monosodium glutamate (MSG) was a covered incident. Hot Stuff Foods, LLC v. Houston Cas. Co., Nos. 14-1192,…
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Jimmy John’s Data Breach Prompts Class Action Claims
An Arizona resident has filed a putative class action in an Illinois federal court claiming that Jimmy John’s Franchise, LLC failed to secure its customers’ personal and financial data, which were purportedly accessed through the company’s point-of-sale systems at some 216 restaurant locations, between June and September 2014. Irwin v. Jimmy John’s Franchise, LLC, No.…
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New Jersey Suit Joins Others Challenging “Handmade” Vodka Label
According to a news source, New Jersey residents have filed a putative class action in state court against the Texas-based company that makes Tito’s Handmade Vodka®, the fourth such action filed within the past two months, alleging that promoting and labeling the product as “handmade” deceives consumers because the vodka is made in an industrial…
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“All Natural” Snack Foods Targeted in Florida Class Action
A Florida resident has filed a putative statewide and nationwide class action against the Snack Factory, LLC, alleging that it deceptively represents that its Pretzel Crisps are “All Natural” despite including “unnatural, synthetic, and/or artificial ingredients, including but not limited to maltodextrin and soybean oil.” Seidman v. Snack Factory, LLC, No. 14-62547 (S.D. Fla., filed November…