Category: U.S. Circuit Courts
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Citing GMOs, Putative Class Challenges Campbell Soup “100% Natural” Claims
A California resident has filed a putative class action against Campbell Soup Co. alleging that it falsely represents that some of its products are “100% Natural” when they in fact contain genetically modified organisms (GMOs) “in the form of soy, corn, soy derivatives, and or corn derivatives.” Barnes v. Campbell Soup Co., No. 12-05185 (N.D. Cal., filed…
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Hard Times for Hard Rock Café Employees
A California court has reportedly denied a motion to certify a class of Hard Rock Café employees who allege that the restaurant chain wrongly classified them as exempt employees and then forced them to assume the tasks of non-exempt employees without paying them overtime or allowing them to take meal periods and rest breaks, and…
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Nationwide Class Certified in False-Advertising Suit Against POM Wonderful
A federal multidistrict litigation (MDL) court in California has certified a nationwide class of consumers who purchased a POM Wonderful pomegranate juice product between October 2005 and September 2010 and allege that the company’s health-related benefit claims are false and misleading. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal.,…
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Class Action Against General Mills Claims GMOs Render Granola Bars Not Natural
A California resident has filed a putative class action against General Mills, Inc., alleging that its “100% Natural” labeling and advertising for products such as Nature Valley® Dark Chocolate Peanut Butter Crunchy Granola Bars are misleading because the products contain ingredients grown from genetically modified organisms (GMOs). Rojas v. General Mills, Inc., No. 12-5099 (N.D.…
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Court Again Rebuffs Nabisco’s Challenge to Remand Motion
A federal court in California has denied Nabisco, Inc.’s request that it reconsider a previous ruling granting a motion to remand a consumer fraud class action to state court for failing to satisfy the amount in controversy for diversity jurisdiction under the Class Action Fairness Act. Garcia v. Nabisco, Inc., No. 12-04272 (C.D. Cal., decided September…
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Court Refuses to Certify Wage and Overtime Class Action Against Steak ‘N Shake
A federal court in Georgia has denied a request to certify a nationwide class of Steak ‘n Shake hourly employees in a dispute over alleged violations of the Fair Labor Standards Act, finding that class members are not similarly situated to the named plaintiffs or to each other. Beecher v. Steak ‘n Shake Operations, Inc.,…
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Court Dismisses POM Wonderful’s Challenge to FTC Substantiation “Rule”
A federal court in the District of Columbia has dismissed the declaratory judgment action that POM Wonderful filed against the Federal Trade Commission (FTC) shortly before the Commission brought an enforcement action against the pomegranate product producer. POM Wonderful LLC v. FTC, No. 10-1539 (D.D.C., decided September 30, 2012). More information about the complaint and…
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Vintner Sues for Infringement of Naked Winery® Marks
Naked Wines LLC has filed an action against Nakedwines.com, Inc. and Groupon, Inc. alleging that they have infringed its “family of erotically-themed marks” including NAKED WINERY®, NAKED WINERY VIXEN®, NAKED WINERY NAUGHTY®, and NAKED WINERY DIVA®. Naked Wines LLC v. Nakedwines. com, Inc., No. 12-01717 (D. Or., filed September 21, 2012). According to the complaint, Oregon-based…