Category: U.S. Circuit Courts
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Court Dismisses Consumer Fraud Claims Against Hain Celestial Group
A federal court in California has dismissed putative nationwide class claims against The Hain Celestial Group alleging that the company’s food and beverage product labels and website mislead consumers because they (i) list the ingredient “Evaporated Cane Juice” or “Organic Evaporated Cane Sugar Juice,” (ii) are falsely labeled “All Natural” or “Only Natural,” and (iii)…
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Consumer Fraud Claims Against Tetley USA Dismissed
A federal court in California has dismissed a putative statewide class action alleging that Tetley USA misleads consumers by making “antioxidant, nutrient content, and health claims” for certain of its tea products; the statutory warranty claims were dismissed with prejudice, and the remaining claims were dismissed with leave to amend the complaint to comply with…
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COOL Dispute Intensifies Before D.C. Court and WTO
A federal court in the District of Columbia will consider on August 27, 2013, whether to issue a preliminary injunction to stop the U.S. Department of Agriculture (USDA) from implementing country-of-origin labeling (COOL) program changes required by a 2011 World Trade Organization (WTO) determination that, as initially drafted, the rules gave less favorable treatment to…
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$9 Million Proposed Settlement of Naked Juice Suits Garners Preliminary Approval
A federal court in California has issued an order granting the motion for preliminary approval of a class settlement in five lawsuits alleging that Naked Juice Co. misrepresented its beverages as “All Natural” and “Non-GMO.” Pappas v. Naked Juice Co. of Glendora, Inc., No. 11 8276 (C.D. Cal., order entered August 7, 2013). According to the…
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Nonagenarian Researcher Sues FDA for Failing to Ban Artificial Trans Fats
Four years after filing a citizen petition with the U.S. Food and Drug Administration (FDA) seeking a prohibition on the use of partially hydrogenated oils containing artificial trans fat in food for human consumption, 98-year-old University of Illinois Emeritus Professor of Comparative Biosciences Fred Kummerow has filed a lawsuit seeking an order compelling an agency…
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Putative Class Claims Tortilla Chips Falsely Advertised as “All Natural”
A Florida resident has filed a putative statewide class action against Gruma Corp., alleging that the company falsely advertises its Mission® Restaurant Style Tortilla chip products as “all natural” when they contain genetically modified organisms (GMOs). Griffith v. Gruma Corp., No. 13-80791 (S.D. Fla., filed August 12, 2013). Alleging violations of the Florida Deceptive and…
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Class Charges Soup Maker and AHA with Deceptive Scheme
A New Jersey resident has filed a putative nationwide class action against the Campbell Soup Co. and American Heart Association (AHA) claiming that the “Heart-Check Mark” which AHA allows Campbell to place on more than 30 varieties of its canned soups in exchange for a fee misleads consumers into believing that these products meet AHA’s…
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Criminal Trial Against Peanut Corp. Officials and Staff Continued
A federal court in Georgia has issued an order continuing the criminal trial against former Peanut Corp. of America officials and employees, including owner Stewart Parnell, until February 10, 2014. United States v. Parnell, No. 12-12 (M.D. Ga., order entered August 15, 2013). The company was the source of a nationwide Salmonella outbreak in 2009,…