Category: U.S. Circuit Courts
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Law Firm Announces Filing of 4-MEI Lawsuits Under Prop. 65
A Connecticut-based law firm has filed Proposition 65 (Prop. 65) lawsuits against three companies that make food extracts and flavorings, alleging that they fail to disclose the presence of 4-Methylimidazole (4-MEI), a substance known to California to cause cancer. Leeman v. Adams Extract & Spice Co., LLC, No. 13-529493; Leeman v. McCormick & Co., Inc.,…
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Federal Court Dismisses Parts of Consumer Fraud Action Against Frito-Lay & PepsiCo
A federal court in California has dismissed in part the first amended complaint in a putative class action against Frito-Lay and PepsiCo, alleging that the companies falsely advertised and labeled their products as “All Natural,” “0 Grams Trans Fat,” “No MSG,” “low sodium,” “healthy,” and with other unspecified health claims. Wilson v. Frito-Lay N. Am.,…
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D.C. Circuit Clarifies When FOIA Requesters May Sue Agencies in Court
The D.C. Circuit Court of Appeals has ruled that the Freedom of Information Act (FOIA) requires federal agencies to issue a determination about what will be produced to or withheld from a FOIA requester within statutory deadlines; a failure to do so is deemed the exhaustion of administrative remedies and allows the requester to bring…
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Food Labeling Claims Filed Against Trader Joe’s in California
Three California residents have filed a putative class action against food retailer Trader Joe’s in federal court, alleging three different types of misleading labeling claims: using the terms “evaporated cane juice” or “organic evaporated cane juice,” identifying as “natural” or “no added coloring or preservatives” foods that contain added preservatives and artificial colors, and representing…
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Animal Rights Groups Sue Federal Agencies over Egg Labeling
The Animal Legal Defense Fund (ALDF) and Compassion Over Killing have reportedly filed a complaint in a California federal court against the Food and Drug Administration, U.S. Department of Agriculture and Federal Trade Commission claiming that the agencies have failed to regulate animal-welfare labeling on egg cartons. According to ALDF, rulemaking petitions were filed in…
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Peanut Company Execs Enter Pleas; Government Seeks Disqualification of Defense Counsel
Since the federal government filed a 76-count indictment against the owner and managers of Peanut Corp. of America, the source of a nationwide Salmonella outbreak in 2009, the defendants have entered not guilty pleas and been released on bonds ranging from $25,000 to $100,000. United States v. Parnell, No. 13-12 (M.D. Ga., Albany Div., filed…
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POM Wonderful Seeks Review of FTC Order
POM Wonderful LLC has filed a petition seeking review in the D.C. Circuit Court of Appeals of a Federal Trade Commission (FTC) order requiring two randomized, controlled clinical trials before the company can make a claim that its pomegranate juice products treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction.…
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Environmentalists Sue EPA to Stop Use of Pesticides Allegedly Harmful to Honey Bees
Beekeepers, environmentalists and advocacy organizations have filed an action for declaratory and injunctive relief against the U.S. Environmental Protection Agency (EPA), claiming that the agency has failed to take any regulatory action on pesticide products containing the active ingredients clothianidin and thiamethoxam in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Endangered Species…