Category: U.S. Circuit Courts
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New Lawsuits Filed: Cochineal Extract in Starbucks Products, Salmonella in Pet Food and Eggs, Frito-Lay Challenge to Order for Production of Employment Data
A California resident has filed a putative class action against Starbucks Corp. alleging that the company deceived consumers by failing to disclose that some of its products were made with cochineal extract, a common food-coloring ingredient made from crushed insects. Anderson v. Starbucks Corp., No. BC485438 (Cal. Super. Ct., Los Angeles Cty., filed May 25, 2012). Seeking…
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Frito-Lay Sued for Failure to Disclose GMO Ingredients in Snack Foods
A Florida resident has filed a complaint on behalf of a nationwide class of consumers against Frito-Lay, alleging that it sells the company’s snack foods, such as Tostitos® chips, Sunchips® and bean dip, as “All Natural” without disclosing that they contain genetically modified organisms (GMOs). Foust v. Frito-Lay N. Am., Inc., No. 12-21975 (S.D. Fla., filed…
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Court Orders FDA to Complete Safety Review of Antibiotics Used in Animal Husbandry
A federal court in New York has determined that the Food and Drug Administration (FDA) arbitrarily denied petitions filed by advocacy organizations in 1999 and 2005 requesting the initiation of proceedings to withdraw approval from certain uses of antibiotic drugs in livestock. Nat. Res. Defense Council v. FDA, No. 11-3562, (S.D.N.Y., decided June 1, 2012). The…
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California Labor Relations Board Enters Strawberry Farm Labor Dispute
The California Agricultural Labor Relations Board has filed a petition for injunctive relief against a Ventura County strawberry farming operation alleging unfair labor practices and seeking to stop the respondent from interfering with employees’ free exercise of rights under the labor code. State v. Montalvo Farms, LLC, No. 56-2012-00416985 (Cal. Super. Ct., Ventura Cty., filed…
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Court Allows Truck Driver’s Civil Rights Claims to Proceed Against Burger King Franchisee
A federal court in Pennsylvania has denied the motion for summary judgment filed by a Burger King franchisee sued for violating the civil rights of an African-American truck driver who alleged that restaurant employees spit in his sandwich before serving it. Goodwin v. Fast Food Enters. #3, LLP, No. 10-23 (W.D. Pa., decided May 16, 2012).…
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Court Dismisses “All Natural” Suit Against Lifewater® Makers
A federal court in California has dismissed with prejudice a putative class action filed in March 2012 against the companies that make a line of SoBe® beverages known as 0 Calories Lifewater®. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., decided May 18, 2012). Further details about the case appear in Issue…
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EEOC Not Entitled to Medical Information from Nestlé in Genetic Discrimination Case
A federal court in Kentucky has determined that the Equal Employment Opportunity Commission (EEOC) is not entitled to information about the medical examinations of Nestlé Prepared Foods employees in relation to a claim by one former employee that he was fired due to “genetic information” discrimination. EEOC v. Nestlé Prepared Foods, No. 11-359 (E.D. Ky.,…
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JibJab Sues White Castle for Infringing Mark in Social Media Ad Campaign
JibJab Media Inc., a digital media company known for its photo cut-out animated videos sometimes used as political satire, has filed a trademark infringement suit against White Castle, alleging that the fast-food chain has infringed its trademarks by launching a social media ad campaign called “Jib Jab Chicken Ring” to promote its “chicken rings” menu…