Category: U.S. Circuit Courts
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Pre-Trial Rulings Mount in Peanut Corp. CEO Criminal Proceeding
A federal court in Georgia has entered a number of orders in criminal proceedings, expected to go to trial July 14, 2014, against the former owner of the Peanut Corp. of America, implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths; among the orders was one denying…
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Class Cert. Request Denied in Skinnygirl Margarita Suit
A federal court in New Jersey has denied without prejudice the motion to certify three classes of multi-state claimants alleging that Beam Global Spirits & Wine falsely markets and sells its “Skinnygirl Margarita” product as “all natural” and a “healthy alternative to other commercial Margarita products.” Stewart v. Beam Global Spirits & Wine, Inc., No.…
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Court Dismisses Mislabeling Suit Against Hain in California; New Case Filed in New York
A California federal court has dismissed with prejudice a putative class action alleging that Hain Celestial Group Inc. mislabels its vegetable juice products as “organic” and “raw” one day before a proposed class action was filed against the company in New York federal court alleging similar claims about its baby foods and home care products.…
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Court Revives and Stays ECJ Suits
A California federal court has granted motions to amend the judgment in two cases previously dismissed to accord primary jurisdiction to the U.S. Food and Drug Administration (FDA), each alleging that the defendants mislabeled their food products as including “evaporated cane juice” (ECJ) rather than the more common term, sugar. Swearingen v. Santa Cruz Natural…
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Putative Class Actions Filed Against Chobani and Fage for Alleged Deceptive Labeling
A pair of plaintiffs has filed putative class actions against Chobani LLC and Fage Dairy Processing SA in New York federal court claiming that the yogurt producers deceptively marketed yogurt as healthy despite its high sugar content. Stoltz v. Chobani LLC, No. 1:14-cv-3827 (E.D.N.Y., filed June 19, 2014); Stoltz v. Fage Dairy Processing SA, No.…
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Court Excludes Defendant’s Neuropsychologist in Peanut Co. Lawsuit
Following a hearing on the admissibility of expert testimony proffered as to Stewart Parnell’s ability to form the intent to commit alleged crimes arising from a national Salmonella outbreak linked to the Peanut Corp. of America, the company he formerly owned, a federal court in Georgia has excluded the expert, finding his testimony unhelpful and…
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No Class Certification in Baby Food Labeling Suit
In light of the large number of baby food products at issue and differing product labels used during the six-year class period in litigation alleging misbranding and deceptive labeling against Gerber Products Co., a federal court in California has determined that the class is not ascertainable, a flaw “fatal” to the plaintiff’s motion for class…
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Indiana Court Rejects Constitutional Challenge to Chilled Beer Sales Limit
An Indiana federal court has upheld a state statute that limits the sale of cold beer to package liquor stores, barring other beer sellers like convenience stores from selling beer cooler than room temperature. Ind. Petroleum Marketers & Convenience Store Ass’n v. Huskey, No. 13-784 (S.D. Ind., order entered June 16, 2014). Indiana law divides…