Category: U.S. Circuit Courts
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California Court Dismisses Honey False Ad Suit with Prejudice
A federal court in California has dismissed as preempted putative class claims filed against Target Corp. and Honeytree, Inc., alleging that they retail and manufacture honey products falsely advertised as “honey” or “pure honey” despite the absence of all pollen, an allegedly “defining characteristic of honey under applicable law.” Cardona v. Target Corp., No. 12-1148…
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Second Circuit Uphold Terms of Unambiguous Ballpark Vending Contract
In a nonprecedential summary order, the Second Circuit Court of Appeals has affirmed a lower court ruling against Kosher Sports, Inc., a New Jersey-based provider of kosher food products, which had a 10-year contract with Queens Ballpark Co., the company that operates Citi Field, where the New York Mets play their home games. Kosher Sports,…
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Halal Fraud Settlement Critic Now Free to Oppose It on Facebook
According to a news source, a Michigan judge has lifted a gag order imposed on an attorney who posted information on his Facebook page critical of a proposed settlement of claims that a McDonald’s Corp. franchisee sold as halal certain chicken products without complying with Islamic standards; the court has also granted his request to…
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Deceptive Ad Claims Settled with Muscle Milk® Maker
The company that makes the Muscle Milk® line of nutrition products has agreed to settle putative class claims that it misrepresented the products’ nutritional value. Delacruz v. CytoSport, Inc., No. 11-3532 (N.D. Cal., motion to approve settlement filed March 7, 2013). Details about the complaint appear in Issue 403 of this Update. A court order leaving…
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Discredited Resveratrol Researcher Sues UConn for Wrongful Termination
A scientist who was accused of falsifying data in research on the purported health benefits of red wine has reportedly sued the University of Connecticut, claiming that it wrongfully dismissed him and violated his civil rights in doing so. Das v. Univ. of Conn. Bd. of Trustees, No. 13-6039748 (Conn. Super. Ct., Hartford, filed March…
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Gourmet Beverage and Nutraceutical Company Claims Trade Secrets Misappropriated
A company that makes and sells a proprietary blend of purported “wellness” herbs as part of its line of gourmet coffee, teas and hot chocolates has sued one of its former independent business owners/operators (IBOs) alleging, among other matters, disparagement, breach of a confidential performance agreement and non-competition clause, and the misappropriation of trade secrets.…
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Chemical Industry Trade Association Challenges Proposed Prop. 65 Listing for BPA
The American Chemistry Council (ACC) has filed a complaint for declaratory and injunctive relief in a California state court against California EPA’s Office of Environmental Health Hazard Assessment (OEHHA), which in January 2013 proposed listing the chemical bisphenol A (BPA) as a reproductive toxicant under the Safe Drinking Water and Toxic Enforcement Act of 1986…
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Federal Jury Finds No Infringement in Tortilla Chip Dispute
According to news sources, a federal jury in Texas has determined that Ralcorp Holdings, which makes bowl-shaped tortilla chips sold as store brands, did not violate trademarks or infringe patents on an allegedly similar product made by Frito-Lay and sold as TOSTITOS SCOOPS!®. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12-00074 (E.D. Tex., decided…