Category: U.S. Circuit Courts
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Insurers Need Not Defend Egg Producer Embroiled in Antitrust Litigation
The Seventh Circuit Court of Appeals has determined that liability insurers of a major U.S. egg producer have no obligation to defend it in class action lawsuits alleging that the egg producer conspired with others to keep the price of eggs artificially high. Rose Acre Farms, Inc. v. Columbia Cas. Co., No. 11-1599 (7th Cir.,…
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Skeptical High Court Could Doom California Downer Livestock Law
Following oral argument before the U.S. Supreme Court on the validity of a California law that prohibits slaughterhouses from receiving, processing or selling nonambulatory animals, court watchers are predicting that the law will not survive the National Meat Association’s preemption challenge. Nat’l Meat Ass’n v. Harris, No. 10-224 (U.S., argued November 9, 2011). The Ninth…
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SPAM® Trademark Infringement Suit Settles
Without disclosing any settlement details, Hormel Foods Corp. and a Netherlands-based company have secured a court order dismissing trademark infringement claims involving the labels for canned meat products SPAM® and Prem®. Hormel Foods, LLC v. Zwanenberg Food Group (USA), Inc., No. 11-00774 (D. Minn., order entered November 1, 2011). Additional information about the case appears…
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Lawsuit Claims Kix Cereal Isn’t “All Natural”
Contending that the genetically modified (GM) corn in General Mills’ Kix Crispy Corn Puffs® and Honey Kix Crispy Corn Puffs® cereals renders their “All Natural Corn” representations false and misleading, a California resident has filed a putative class action against the company in state court. Lewis v. General Mills, Inc., No. BC472451 (Cal. Super. Ct.,…
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Environmental Groups Continue Challenge to GE Crops on Wildlife Refuge Lands
The Center for Food Safety (CFS) and other public interest organizations have filed a lawsuit against the U.S. Fish and Wildlife Service (FWS), seeking a declaration that the agency’s decision to allow the cultivation of genetically engineered (GE) corn and soybean crops on wildlife refuge lands in the Midwest violated federal environmental laws. Ctr. for…
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Lawsuit Claims “Hyperoxygenated” Water Fails to Deliver Promised Benefits
A California resident has filed a putative nationwide class action against Austrian and British companies that sell Oxygizer®, a “designer water” product promoted as an athletic performance aid, alleging that increased oxygen content cannot deliver the benefits claimed. Ghazarian v. Oxy Beverages Handelsgelsellschaft mbH, No. 11-8860 (C.D. Cal., filed October 26, 2011). The companies purportedly…
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Putative Class Alleges Trader Joe’s “All Natural” Products Contain Artificial Ingredients
California residents have filed a putative class action in a federal court against grocery chain Trader Joe’s Co., alleging that a number of its “All Natural” products contain synthetic or artificial ingredients and thus are mislabeled and falsely advertised. Larsen v. Trader Joe’s Co., No. 11-5188 (N.D. Cal., filed October 24, 2011). According to the…
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Fat Content Misrepresentations Alleged Against Milk Marketer
Seeking to represent a nationwide class of consumers, a New York resident has filed a lawsuit in a New Jersey federal court, alleging that Smart Balance, Inc. falsely labels its fat-free milks enhanced with omega-3 as “Fat Free” when they actually contain 1 gram of fat per serving. Stewart v. Smart Balance, Inc., No. 11-06174…