Category: U.S. Circuit Courts
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Balance Bar “All Natural” Claims Targeted in Consumer Fraud Lawsuit
Seeking to represent a nationwide class of consumers, a California resident has filed a consumer fraud class action against the Balance Bar Co., challenging its “All Natural” claims in light of product ingredients such as ascorbic acid, cocoa (processed with alkali), glycerine, sodium citrate, and xanthan gum. Sethavanish v. Balance Bar Co., No. 11-4547 (N.D.…
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Second Circuit Returns Pesticide Findings to EPA
The Second Circuit Court of Appeals has granted, in part, the petition for review filed against the Environmental Protection Agency (EPA), challenging its risk assessments for the pesticide dichlorvos. NRDC v. EPA, No. 08-3771 (2d Cir., decided September 16, 2011). The court agreed with the Natural Resources Defense Council, (NRDC) that EPA’s failure to explain…
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Former Kosher Meatpacking Plant Manager Loses Sentencing Appeal
Sholom Rubashkin, who managed a kosher meatpacking facility in Postville, Iowa, and was convicted on 86 counts related to financial fraud, lost the appeal of his conviction and the 324-month prison sentence imposed by a federal district court. United States v. Rubashkin, Nos. 10-2487/3580 (8th Cir., decided September 16, 2011). Additional details about the case…
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Popcorn Lung Alleged Against Diacetyl Makers and Sellers
A number of former employees of an animal-food flavoring maker have sued companies that make or sell the butter-flavoring chemical diacetyl, alleging that occupational exposure caused them to contract a debilitating lung disease known as bronchiolitis obliterans (or popcorn lung). Huerta v. Aldrich Chem. Co., Inc., No. 11-9461 (Ill. Cir. Ct., Cook Cty., filed September…
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California Court Reverses $12-Million Verdict , Rules Spinach Contamination Not Insured
A California court of appeal has determined that a trial court erred in allowing a spinach seller to recover $12 million under the accidental contamination portion of its insurance policy. Fresh Express Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. H035246 (Cal. Ct. App., decided September 8, 2011) (unpublished). According to the court, the produce…
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White Castle Devotee Sues Company, Alleging Injury from Small Booth
According to news sources, a man who weighs nearly 300 pounds has filed an Americans with Disabilities Act lawsuit against White Castle in a federal court in New York, claiming that the stationary booth seating in a Nanuet restaurant is made for smaller people and that he hurt a knee trying to wedge into one…
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Consumer Claims Skinnygirl™ Margarita Is Not “All Natural” as Advertised
A putative class action has been filed in a federal court in California against Beam Global Spirits & Wine, Inc., alleging that the company’s Skinnygirl™ Margarita beverage, purportedly created by a natural foods chef, contains sodium benzoate and other preservatives and should not be advertised and sold as a “natural” product. Bonar v. Beam Global…