Category: U.S. Circuit Courts
-
Putative Class Actions Accuse Whole Foods and Breyers of “All Natural” Mislabeling
According to a putative class action removed to Arkansas federal court, Whole Foods mislabels several of its 365 Everyday Value brand products as “organic” or “all natural” despite containing synthetic ingredients. Stafford v. Whole Foods Market Cal., No. 14-420 (E.D. Ark., removed July 22, 2014). Originally filed in Arkansas state court in June, the complaint accuses…
-
Claims Trimmed in Case Against Bigelow for Allegedly Inflating Health Benefits of Tea
A California federal court has dismissed fraud claims against R.C. Bigelow in a putative class action accusing the company of advertising that its tea “delivers healthful antioxidants” when the levels of antioxidants are too low to benefit the consumer. Victor v. R.C. Bigelow, No. 13-2976 (N.D. Cal., order entered July 18, 2014). The court allowed…
-
Eleventh Circuit Dismisses Colombia War Crimes Claims Against Chiquita
Finding no U.S. jurisdiction, the Eleventh Circuit has dismissed multidistrict litigation against Chiquita alleging the company was liable for aiding and abetting torture and war crimes by paying a paramilitary group for security. Cardona v. Chiquita Brands Int’l, No. 12-14898 (11th Cir., order entered July 24, 2014). Relatives of alleged victims of the paramilitary group filed…
-
Heinz “Dip & Squeeze” Case Revived by Third Circuit
The Third Circuit has reversed a Michigan district court’s dismissal in a case alleging that H.J. Heinz Co. stole the idea for the “Dip & Squeeze” ketchup packet from plaintiff David Wawrzynski, an inventor who had proposed the idea to the company in 2008. Wawrzynski v. H.J. Heinz Co., No. 13-4100 (3d Cir., order entered…
-
FDA Not Required to Hold Hearings on Antibiotics Bans, Second Circuit Says
The Second Circuit has reversed a district court’s decision that ordered the U.S. Food and Drug Administration (FDA) to initiate hearings responding to a livestock antibiotics challenge from the Natural Resources Defense Council (NRDC) based on a 1977 agency finding that the use of growth antibiotics for healthy animals was unsafe. NRDC v. FDA, No.…
-
Trial Delayed for Former Peanut Corp. Officials
A federal court in Georgia has delayed until July 28, 2014, the criminal proceedings against Stewart Parnell, former owner of the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered July 11, 2014).…
-
Trader Joe’s Settles “All Natural” Labeling Class Action
A California federal court has approved a settlement in a class action alleging that Trader Joe’s labels items with synthetic ingredients as “All Natural.” Larsen v. Trader Joe’s Co., No. 11-5188 (N.D. Cal., order entered July 11, 2014). Trader Joe’s will pay $3.375 million to a settlement fund to compensate class members with a proof of…
-
Court Withholds Approval from $50 Million Milk Monopoly Settlement
While the Dairy Farmers of America (DFA) and affiliated Dairy Marketing Services have agreed to pay $50 million to settle class claims that they conspired to monopolize the market for raw milk in the Northeast, a federal court in Vermont has denied preliminary approval of the proposed settlement without prejudice. Allen v. DFA, Inc., No.…