Category: U.S. Circuit Courts
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California Resident Relied on Oxygenated Water Health-Benefit Claims
A Los Angeles County resident has filed a putative class action against the Austrian and British makers of “Oxygizer” water, claiming that the companies “falsely represent that through a patented process they are able to hyperoxygenate water and that consumption of Oxygizer leads to a number of purported beneficial health effects.” Ghazarian v. Oxy Beverages…
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Tuna Makers Agree to Settle Claims for Alleged Product Misrepresentations
The day after district attorneys for three California counties filed a lawsuit against tuna producers alleging that they make quantity misrepresentations “by failing to meet the standard of identity for canned tuna products seasoned or flavored with broth, as defined in the Code of Federal Regulations,” it was announced that a $3.3 million settlement had…
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California Court Dismisses Banana Plantation Lawsuit
A California Superior Court has reportedly dismissed a lawsuit filed by nearly 3,000 Philippine banana plantation workers who claimed that exposure to the pesticide 1,2-Dibromo-3-chloropropane (DBCP) more than 30 years ago caused physical and mental injury including sterility, testicular atrophy, miscarriages, and cancer. Macasa v. Dole Food Co., No. BC467134 (Cal Super. Ct., decided August…
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Longneck Beer Bottles Not Unreasonably Dangerous in Texas Bars
A Texas appeals court has dismissed product liability and negligence claims filed by a woman injured when she was struck twice in the face with a longneck beer bottle during a birthday celebration at a bar known for its violence. Gann v. Anheuser-Busch, Inc., No. 08-00017 (Tex. App., 8th Dist., July 25, 2012). Affirming the…
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Federal Magistrate Refuses FDA Request for Stay in Livestock Antibiotics Dispute
A federal magistrate judge in New York has determined that the Food and Drug Administration (FDA) must begin proceedings to withdraw its approval of the use of certain antibiotics in livestock for non-therapeutic purposes on the agency’s timeline, thus denying FDA’s request for a stay while the matter is pending on appeal before the Second…
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Ninth Circuit Allows Dairy Farmers to Pursue Damages for Misreported Milk Pricing Data
The Ninth Circuit Court of Appeals has determined that the “filed rate doctrine” does not bar the state law-based claims of dairy farmers alleging that milk marketing cooperatives (handlers) provided erroneous reports to the federal government which relied on them to set a minimum price structure for raw milk sales; as a result, the farmers…
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USPTO Issues Rule to Adopt Changes from International Accord on Registration of Marks
The U.S. Patent and Trademark Office (USPTO) has issued a final rule that incorporates certain changes that took effect in January 2012 under the Nice Agreement Concerning the Classification of Goods and Services for the Purpose of the Registration of Marks, to which the United States is a signatory. Among other matters, (i) Class 5…
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Putative Class Alleges Plant Sterols in Butter Product Fail to Block Dietary Cholesterol
A California resident has filed a putative class action against Smart Balance, Inc., alleging that the 100 mg of plant sterols in a single serving of the company’s spreadable butter products do not, as advertised, block the absorption of dietary cholesterol. Aguilar v. Smart Balance, Inc., No. 12-1862 (S.D. Cal., filed July 27, 2012). The…