Category: U.S. Circuit Courts
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Class Certification Denied in Energy Beverage Litigation
A federal court in California has denied a motion for class certification filed by a plaintiff who alleged that Vital Pharmaceuticals, Inc. misled consumers by claiming their energy drinks, marketed under the brand name Redline®, were safe and effective for enhancing energy and promoting weight loss. Aaronson v. Vital Pharms., Inc., No. 09-1333 (S.D. Cal., decided…
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New Lawsuit Claims Tostitos® and SunChips® Are Not “All Natural,” Contain GE Ingredients
A New York resident has reportedly filed a putative class action in federal court, alleging that Frito-Lay misleads consumers by promoting its snack products as “all natural” when they actually contain corn and oils made from genetically engineered (GE) plants. Shake v. Frito-Lay N. Am., Inc., No. 12-408 (E.D.N.Y., filed January 30, 2012). Similar litigation…
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Another Putative Class Action Filed Against Tropicana for “Natural” Juice Claims
A Pennsylvania resident has filed a putative class action in a Florida federal court seeking to represent Florida and multistate classes of consumers allegedly misled by claims that Tropicana orange juice products are “pure” and “natural.” Pederson v. PepsiCo, No. 12-00104 (M.D. Fla., filed January 18, 2012). Similar to lawsuits already filed in New Jersey and…
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D.C. District Court Refuses to Certify Class in Antitrust Suit Against Whole Foods
A federal court in the District of Columbia has denied a motion to certify a class of Los Angeles County Whole Foods shoppers alleging that the company’s 2007 merger with Wild Oats “substantially lessened competition” in violation of the Clayton Act, “created an unlawful monopoly” under the Sherman Act, and “constituted an unlawful agreement in…
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Beverage Producer Claims Recycler Sold Rather Than Destroyed Substandard Products
Spike, LLC, a company that makes and distributes energy drinks, has filed a lawsuit against the company it hired to destroy 18 pallets of products that Spike determined should be removed from the marketplace as unfit for sale, claiming that the recycling company failed to destroy the products and, in fact, sold them “thereby undercutting…
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Plaintiffs Unable to Enjoin FDA from Enforcing Raw Milk Regulations
A federal court in Iowa has denied a motion seeking to preliminarily enjoin the Food and Drug Administration (FDA) from enforcing regulations prohibiting the interstate sale of raw milk. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided January 23, 2012). The plaintiffs, who either produce or consume raw milk, filed their motion under…
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Seventh Circuit Upholds Indiana Law Regulating Wine Deliveries via Motor Carrier
The Seventh Circuit Court of Appeals has turned aside a challenge to an Indiana law that prevents an alcoholic beverage retailer from shipping wine to its customers via motor carrier. Lebamoff Enters., Inc. v. Huskey, No. 11-1362 (7th Cir., decided January 17, 2012). The retailer claimed that the law was preempted by the Federal Aviation…
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SCOTUS Invalidates California Slaughterhouse Law on Preemption Grounds
A unanimous U.S. Supreme Court has determined that the Federal Meat Inspection Act (FMIA) and its regulations preempt a California law that required swine slaughterhouses to humanely euthanize nonambulatory animals and prohibited them from processing, butchering or selling the meat or products of nonambulatory animals for human consumption. Nat’l Meat Ass’n v. Harris, No. 10-224…