Category: U.S. Circuit Courts
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Tennessee Whiskey Maker Challenges Storage Law
Diageo Americas Supply, Inc. has filed a declaratory judgment action against the Tennessee Alcoholic Beverage Commission director challenging the constitutionality of a 1937 law that requires licensed alcohol beverage makers in the state to store their products “only within the county authorizing the operation or in a county adjacent to the county authorizing the manufacturing…
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Food Labeling Claims Against Costco Narrowed
A federal court in California has dismissed the claims of one named plaintiff in a putative class action alleging that certain Costco Kirkland branded products are misbranded and deceptive, and narrowed the claims of the other named plaintiff. Thomas v. Costco Wholesale Corp., No. 1202908 (N.D. Cal., order entered March 31, 2014). The plaintiff whose…
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Court Trims Causes of Action in Labeling Suit Against Whole Foods
A federal court in California has granted in part and denied in part the motion to dismiss filed in a putative class action against Whole Foods Market. Pratt v. Whole Foods Mkt. Cal., Inc., No. 12-5652 (N.D. Cal., order entered March 31, 2014). The claims relate to a number of 365 Everyday Value® products that the…
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“Whiskey Fungus” Claims Not Preempted
A federal court in Kentucky has determined that distillery neighbors may proceed with state law-based tort claims alleging that the facility’s emissions cause “whiskey fungus” to accumulate on their real and personal property. Merrick v. Diageo Americas Supply, Inc., No. 12-0334 (W.D. Ky., Louisville Div., order entered March 19, 2014). Additional details about the lawsuit…
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Putative Class Claims Vinegar Not “All Natural”
A California resident has filed a putative statewide class action against H.J. Heinz Co. alleging that its Distilled White Vinegar is falsely advertised as “all natural” because it is made with genetically modified (GM) crops. Banafsheha v. H.J. Heinz Co., No. 14-2023 (C.D. Cal., filed March 17, 2014). Alleging that she paid more for the product…
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Challenges to Ag-Gag Bills on the Dockets in Idaho and Utah
The University of Denver law professors who filed a challenge to Utah’s law barring audio or video recordings of purported animal abuse in agricultural operations have filed a second challenge to a similar law that recently took effect in Idaho. Animal Legal Def. Fund v. Otter, No. 14-0104 (D. Idaho, filed March 17, 2014). Both…
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ECJ Tea Lawsuit Removed to Federal Court
The defendant in litigation alleging that it conceals the sugar added to its tea-like yerba mate products by listing the ingredient as “organic evaporated cane juice” has removed the action to federal court. Cowan v. Guayaki Sustainable Rainforest Prods., Inc., No. 14-1248 (N.D. Cal., removed March 17, 2014). The plaintiff, a California resident with a family…
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No Class Certification in Labor Code Suit Against Starbucks
A federal court in California has refused to certify four classes of Starbucks employees in litigation alleging that its rest break policy and scheduling practices, and meal period policy and practices violated the state’s Labor Code and Unfair Competition Law. Cummings v. Starbucks Corp., No. 12-6345 (C.D. Cal., decided March 24, 2014). As to the…