Category: U.S. Circuit Courts
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Ninth Circuit Upholds Ruling in Challenge to California’s Foie Gras Ban
The Ninth Circuit Court of Appeals has affirmed a lower court ruling denying the request for a preliminary injunction to halt the application of a California statute that forbids the sale of products resulting from force feeding a bird to enlarge its liver and prohibits force feeding birds to enlarge their livers beyond normal size.…
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Federal Court Could Rule in COOL Dispute Within Two Weeks
According to a news source, the federal court that heard a challenge to the U.S. Department of Agriculture’s (USDA’s) revision to its country-of-origin labeling (COOL) rules to comply with a World Trade Organization ruling stated during the hearing that it would issue a decision on the plaintiffs’ request for a preliminary injunction within 14 days.…
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Who Is the Most Interesting Man in the World®?
The Mexican brewer that makes Dos Equis® beer and has advertised it with a distinctive campaign since 2007 has brought a trademark and copyright infringement lawsuit against a New Jersey-based company and its president for an advertising campaign that allegedly mimics the brewer’s “Most Interesting Man in the World®” ads. Cervezas Cuauhtémoc Moctezuma, S.A. de…
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No Class Certification for Plaintiffs Alleging Fraud in Sale of Coffee Product
A federal court in Illinois has refused to certify a multistate class of consumers who were allegedly deceived under the consumer protection statutes and unjust enrichment laws of eight named states by a company that, at one time, either misrepresented or failed to indicate that its single serving coffee product contained “instant” or “soluble” coffee…
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Court Rules Consumer Fraud Claims Against Crisco Maker Not Preempted
A federal court in California has denied the motion to dismiss filed by J.M Smucker Co. in a putative class action alleging that it misleads consumers by labeling four of its Crisco® oil products as “All Natural” because they are purportedly made with genetically modified (GM) corn, canola and soy crops and because they are…
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Monster Beverage Suit Against City Attorney of San Francisco Survives Motion to Dismiss
A federal court in California has narrowed the issues in litigation filed by Monster Beverage Corp. against Dennis Herrera, San Francisco’s city attorney, granting in part and denying in part Herrera’s motion to dismiss. Monster Beverage Corp. v. Herrera, No. 13-786 (C.D. Cal., order entered August 22, 2013). Additional details about the dispute between the…
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MDL Court Narrows “All Natural” Claims over Frito-Lay GMO Products
A multidistrict litigation (MDL) court in New York has granted in part the motion to dismiss filed in a putative class action alleging that Frito-Lay North America and PepsiCo., its parent, mislead consumers by labeling various Tostitos®, SunChips® and Fritos Bean Dip® products as “all natural” when they contain genetically modified organisms (GMOs). In re…
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Brewery Worker Claims Free Beer Was Part of Regular Base Pay
A former non-exempt Anheuser-Busch brewery worker in California has filed a putative class action against the company alleging that it violated the state labor code by failing to include the value of free or discounted beer—termed “incentive pay”—in employees’ regular pay rates and thus undercompensated them by calculating overtime pay on the basis of pay…