Category: U.S. Circuit Courts
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$33 Million Default Judgment Entered Against Spice Co. over Salami Recall
A federal court in Rhode Island has reportedly agreed to enter a default judgment of $33 million against a spice company purportedly involved in a 2010 Salmonella outbreak affecting a salami product that sickened more than 250 people in 44 states. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., decided September…
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Florida Court Dismisses Claims That Honey Sold at Target Isn’t Honey
While a federal court in Florida has dismissed a putative class action alleging that Target Corp. violates consumer fraud laws by selling honey that does not conform to the state’s honey standard, it gave the plaintiff leave to amend the complaint and also found that (i) the plaintiff had standing to bring the claims, (ii)…
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Jury Awards Colorado Man $7.2 Million for “Popcorn Lung”
A federal jury has reportedly awarded $7.2 million to a man who claimed that he developed bronchiolitis obliterans, a debilitating lung disease also known as popcorn lung, from consuming two to three bags of microwave popcorn every day for six years. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., decided September 19, 2012). Details…
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Class Claims Dog Treats from China Allegedly Sickened Pets
A New York resident has filed a putative class action in a California federal court seeking to recover damages allegedly sustained by pet owners whose dogs became sick after eating “Chinese Chicken Jerky.” Langone v. Del Monte Corp., No. 12-4671 (N.D. Cal., filed September 6, 2012). The plaintiff cites and quotes a number of items published…
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Putative Class Claims Dannon Yogurt Is Not Yogurt
A New York resident has filed a putative class action against The Dannon Co., alleging that because the company adds “filler materials, such as water, corn starch, and Milk Protein Concentrate” to products that it sells as yogurt, the products contain “banned additives” and, as a matter of federal law, are not yogurt, are misbranded…
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Putative Class Claims Yogurt Maker Adds Unauthorized Ingredients to Products
A California resident has filed a putative nationwide class action with astatewide subclass against a yogurt maker that sells “Greek-Style Yogurt” which allegedly contains ingredients that the Food and Drug Administration (FDA) has banned from use in yogurt. Smith v. Cabot Creamery Coop., Inc., No. 12-4591 (N.D. Cal., filed August 31, 2012). According to the…
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Putative Class Claims Nature Valley “100% Natural” Products Are Not All Natural
New York and New Jersey residents have filed a putative nationwide class action with two statewide subclasses against General Mills, Inc. in a Minnesota federal court, alleging that the company has violated federal and state consumer fraud laws by marketing its Nature Valley snack bars as “100% Natural” when they contain high-fructose corn syrup and…
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U.S. Cattle Ranchers Sue WTO over Ruling on Country of Origin Labeling Act
The Ranchers-Cattlemen Action Legal Fund, United Stockgrowers Association (R-CALF USA) has filed a complaint for declaratory and injunctive relief in a Colorado federal court against the World Trade Organization (WTO) and U.S. Department of Agriculture Secretary Tom Vilsack, alleging that WTO’s determination that the U.S. Country of Origin Labeling Act (COOL) imposes discriminatory burdens on…