Category: U.S. Circuit Courts
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Court Dismisses Claim for Injunctive Relief Against Yogurt Maker
While a federal court in California has dismissed a request for injunctive relief in a consumer fraud action against Wallaby Yogurt Co. for lack of standing, it will allow the first amended complaint’s remaining claims to proceed. Morgan v. Wallaby Yogurt Co., Inc., No. 13-0296 (N.D. Cal., order entered March 13, 2014). Additional details about…
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Court Decertifies Consumer Fraud Class in POM Wonderful MDL
A federal multidistrict litigation (MDL) court in California has granted POM Wonderful’s motion to decertify a class of claimants alleging that they were misled by health-benefit representations for the company’s pomegranate juice. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal., order entered March 25, 2014). Details about the…
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D.C. Circuit Upholds COOL Regulations in Preliminary Injunction Context
The D.C. Circuit Court of Appeals has affirmed a lower court ruling denying the motion for preliminary injunction filed by meat producer interests in litigation challenging U.S. Department of Agriculture (USDA) regulations requiring retailers of “muscle cuts” of meat to list the countries of origin and production (country-of-origin labeling or COOL) as to each step…
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A.L.R. Publishes on Trans Fat Labeling/Promotions Litigation
American Law Reports (A.L.R.) has published an annotation titled “Liability of Food Manufacturer Based on Statement in Product Labeling or Promotion Relating to, or Inconsistent with Presence of, Trans Fat in Product.” 92 A.L.R.6th 141 (2014). It “collects and analyzes all the federal and state cases discussing the liability, when not precluded by federal preemption,…
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GM Wheat Litigation to Enter Mediation
Wheat farmers who sued Monsanto Co. over losses they allegedly sustained after genetically modified (GM) wheat was discovered in an Oregon farmer’s field have reportedly decided to attempt to mediate the dispute. In re Monsanto Co. GE Wheat Litig., MDL No. 2473 (D. Kan.). Details about the consolidation of a number of related cases before…
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Settlement Reached in Coverage Dispute for Four Loko Maker
The company that makes Four Loko, a caffeinated malt liquor beverage allegedly responsible for the deaths of five consumers, has reached a settlement with two Liberty Mutual Insurance Co. units which had sought a declaration that a policy exclusion freed them from defending or indemnifying the beverage maker in the underlying lawsuits. The Netherlands Ins.…
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CSPI Sues FDA for Delay in Response to Mercury-Labeling Petition
The Center for Science in the Public Interest (CSPI) and Mercury Policy Project have sued the U.S. Food and Drug Administration (FDA), seeking a declaration that the agency’s delay in responding to their citizen petition on labeling fish with high levels of mercury is unreasonable and violates the Administrative Procedure Act and Federal Food, Drug,…
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Court Conducts Daubert Hearing in Criminal Case Against Peanut Co. Owner
A federal court in Georgia presiding over a criminal action against the owner and employees of the now-defunct Peanut Corp. of America, purportedly involved in a 2009 nationwide Salmonella outbreak, conducted a hearing on March 13, 2014, to determine whether the expert testimony proffered as to owner Stewart Parnell’s ability to form the intent to…