Category: U.S. Circuit Courts
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Court Overrules U.S. Objections to Peanut Corp. Owner’s Attorney
A federal court in Georgia has overruled the government’s objections to Stewart Parnell’s representation by attorney Kenneth Hodges in the defense of criminal charges arising from a Salmonella outbreak allegedly traced to Parnell’s former company, Peanut Corp. of America. United States v. Parnell, 13-12 (M.D. Ga., order entered May 30, 2013). Because the government’s motion…
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Court Allows “Antioxidant” Claims to Proceed as to Certain Teas
A federal court in California has granted in part and denied in part the motion to dismiss filed by Twinings North America, Inc. to the second amended putative class complaint filed by a woman who alleged that she paid a premium for the company’s green, black, white, and red teas relying on their purportedly misleading…
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Court Rules “100% Natural” False Ad Claims May Proceed in GM Soup Ingredient Suit
A federal court in Florida has determined that a putative statewide class is not preempted under federal law from claiming that the presence of genetically modified (GM) corn in Campbell Soup Co. vegetable soups renders its “100% Natural” labeling representations false. Krzykwa v. Campbell Soup Co., No. 12-62058 (S.D. Fla., order entered May 24, 2013). The…
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Ninth Circuit Upholds Deregulation of GM Alfalfa
The Ninth Circuit Court of Appeals has upheld a lower court ruling affirming the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) decision that genetically modified (GM) alfalfa is not a “plant pest” and thus that it lacked authority to stop its deregulation or to consult with the Fish and Wildlife Service…
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Wage and Rest Break Claimants Settle California Suit Against Starbucks
The plaintiffs in putative class litigation alleging inaccurate wage statements and denial of required meal breaks have filed a motion for preliminary approval of a class action settlement brought against Starbucks in 2008. York v. Starbucks Corp., No. 08-7919 (C.D. Cal., W. Div., motion filed May 10, 2013). Without admitting liability, the company has apparently agreed…
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Court Allows Third Amended Complaint in Suit Claiming HFCS Is Not “Natural”
A federal court in California has granted in part and denied in part the motion to dismiss filed by General Mills in litigation alleging that certain of its Nature Valley® products are deceptively labeled and advertised as “natural” because they contain sweeteners, such as high fructose corn syrup (HFCS), high-maltose corn syrup or maltodextrin and…
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Court Decides What Makes Yogurt Yogurt
A federal court in New York has dismissed putative class claims filed against Dannon Co., alleging that its Activia® yogurt products are not actually yogurt because they contain filler products including milk protein concentrate (MPC), an ingredient that the Food and Drug Administration (FDA) purportedly prohibits from use in yogurt. Conroy v. The Dannon Co.,…
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Court Amends Order Against Oil Producer, Pomace Products to Be Recalled
A federal court in New York has amended the preliminary injunction entered against Kangadis Food Inc., doing business as The Gourmet Factory, originally requiring that the company send stickers to affix to all products sold as “100% Pure Olive Oil” and provided to wholesalers and retailers before March 1, 2013, because those products were actually…