Category: U.S. Circuit Courts
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District Court Refuses to Stay FSMA Rulemaking Deadlines
Three days after the U.S. Food and Drug Administration (FDA) filed a motion for emergency stay pending appeal before the Ninth Circuit, the federal district court that had established November 30, 2013, as the deadline for the agency to publish notices of proposed rulemaking (NPRM) for specific food safety rules under the Food Safety Modernization…
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Putative Class Claims Kefir and Lassi Products Misbranded with “Evaporated Cane Juice”
A California resident has filed a putative nationwide class action against Lifeway Foods, Inc., alleging that many of its kefir, lassi and frozen yogurt products are misbranded under federal law and the state’s Sherman Law because they list as ingredients “Evaporated Cane Juice” or “Organic Cane Juice,” terms that purportedly render the products illegal. Figy…
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Consumers Challenge “Unpasteurized” and “100% Raw” Juice Labels
New York and California residents have filed a putative nationwide class action against Hain Celestial Group, Inc., alleging that its fruit and vegetable juice products, labeled as “Unpasteurized” and “100% Raw” are false and misleading because the products undergo high pressure processing, “which neutralizes the benefits of the live enzymes, probiotics, vitamins, proteins, and nutrients…
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Jack Daniel’s Brings Trademark Infringement Lawsuit Against Whiskey Maker
According to a news source, Jack Daniel’s Properties, Inc. has filed a trademark infringement action against the companies that produce and sell Popcorn Sutton’s® Tennessee white whiskey. Jack Daniels Props., Inc. v. J&M Concepts, LLC, No. 13-1156 (M.D. Tenn., filed October 18, 2013). The whiskey is apparently named after an Appalachian moonshiner who killed himself…
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Monsanto GE Wheat Cases Consolidated Before Kansas MDL Court
The Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of five cases brought by wheat farmers who allege economic injuries due to lower wheat prices, import restrictions and increased production costs after genetically engineered (GE) wheat was discovered in an Oregon farmer’s field; pretrial matters will be heard by a multidistrict litigation (MDL)…
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Florida Beer Consumer Claims AB Misleads About Origin of Beck’s Beer
A Florida resident has filed a complaint on behalf of a putative class against Anheuser-Busch Cos. (AB), claiming that since the company began producing Beck’s Beer in the United States in 2012, it has misled consumers into believing that the product is still imported from Germany where it was made with quality ingredients for more…
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Federal Court Refuses to Stay Three Suits Challenging “100% Natural” Labels
A federal court in California has denied the request of General Mills, Inc. to stay the proceedings in three putative class actions alleging that it misleads consumers by promoting various products as “100% Natural” given ingredients that are genetically modified or highly processed, such as high-fructose corn syrup, high-maltose corn syrup and maltodextrin. Rojas v.…
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Claims Pared in Consumer Fraud Suits Against Wallaby Yogurt and Trader Joe’s
A federal court in California has dismissed certain claims, with leave to amend, in putative class litigation challenging various aspects of labels for Wallaby Yogurt Co. and Trader Joe’s Co. food products; it has refused to abstain from deciding the matters under the primary jurisdiction doctrine. Morgan v. Wallaby Yogurt Co., Inc., No. 13-296, Gitson…