Category: U.S. Circuit Courts
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Preliminary Approval Granted for Settlement of Frosted Mini-Wheats® False Ad Claims
A federal court in California has rendered its reluctant approval of a preliminary settlement in class litigation against Kellogg Co., alleging that the company falsely advertised its cereal product as a food that could help improve children’s attentiveness by 20 percent. Dennis v. Kellogg Co., No. 09-1786 (S.D. Cal., order entered May 3, 2013). The…
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California AG Brings Prop. 65 Suit over Candy Containing Lead
California’s attorney general (AG) has filed a suit against a number of candy manufacturers and grocery retailers, alleging that they have violated Proposition 65 (Prop. 65) by failing to label “ginger candies and other food products containing ginger” and/or “plum candies and other products containing plums,” which the AG claims contain lead, a substance known…
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Peanut Company Owner Fails in Bid to Reclaim Passport
A federal court in Georgia considering the criminal charges filed against former Peanut Corp. of America owner Stewart Parnell has denied his request for the return of his passport “for purposes of employment-related international travel.” United States v. Parnell, No. 13-12 (M.D. Ga., order entered April 26, 2013). Parnell apparently surrendered his passport as a…
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Monster Beverage Seeks to Halt City Attorney’s Investigation and Demands
Monster Beverage Corp. has filed a complaint for declaratory and injunctive relief against San Francisco’s city attorney, who launched an investigation into the company’s alleged marketing of energy drinks to children in October 2012. Monster Beverage Corp. v. Herrera, No. 13-786 (C.D. Cal., E. Div., filed April 29, 2013). According to the complaint, City Attorney…
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Political Contributions at Issue in Diamond Foods Securities Litigation
A federal court in California has reportedly ordered two plaintiffs’ law firms to disclose under seal any contributions made “either directly or indirectly by the firm or by any member of the firm to the Democratic Attorneys General Association from January 1, 2012, to present, and any communications between either law firm and the Mississippi…
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Court Orders Injunctive Relief for Olive Oil Association in False Ad Suit
A federal court in New York has agreed to impose some of the preliminary injunctive relief requested by the North American Olive Oil Association in litigation alleging that Kangadis Food Inc., doing business as The Gourmet Factory, falsely labeled its product as “100% Pure Olive Oil” when it actually contained Pomace or was 100 percent…
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Honey Farmers Bring RICO Actions Against Importers
According to news sources, several U.S. beekeeping companies have filed lawsuits under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), alleging that the defendant companies illegally imported honey from China thus evading millions of dollars in anti-dumping duties and depressing the price for domestic honey. Moore v. Groeb, No. 13-2905 (N.D. Ill., filed April 17,…
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Federal Court Orders Production of Marketing Docs in Omega-3 Suit
A federal court in California has ordered Bumble Bee Foods, LLC to produce “documents dating back to 2004 regarding the marketing and labeling strategies for the products [plaintiff] purchased and for products with the same Omega-3 label or with nearly identical labels” in a putative nationwide consumer-fraud class action. Ogden v. Bumble Bee Foods, LLC,…