Category: U.S. Circuit Courts
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POM Wonderful Claims Pompis Infringes and Dilutes Its Trademark
POM Wonderful LLC, which has created a market for pomegranate juice beverages and other products, has sued Backside Beverages, LLC, alleging that the company has infringed POM’s trademark with its Pompis energy drink. POM Wonderful LLC v. Backside Beverages, LLC, No. 11-760 (D. Utah, filed August 22, 2011). POM’s complaint includes a comprehensive description of…
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NRDC Seeks FDA Action on Its BPA Petition
The Natural Resources Defense Council, Inc. (NRDC), a non-profit advocacy organization, has filed a complaint for declaratory and injunctive relief against the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA), seeking an order compelling FDA to issue a final response to NRDC’s October 2008 petition calling on the…
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Del Monte Asks Court to Lift FDA Import Alert on Cantaloupes from Guatemala
Del Monte Fresh Produce N.A., Inc. has filed a complaint for declaratory and injunctive relief against the Food and Drug Administration (FDA) in a federal court in Maryland alleging that the agency lacked an adequate factual basis after a Salmonella outbreak in early 2011 to conclude that the company’s Guatemalan cantaloupe supplier was the source…
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YoPlus® Plaintiffs File Opposition to Decertification Motion
Plaintiffs in a class action certified by a California federal court in April 2011, have filed an opposition to the defendants’ motion to decertify the class in light of a case the U.S. Supreme Court decided in June. Johnson v. General Mills, Inc., No. 10-61 (C.D. Cal., pleading filed August 22, 2011). The plaintiffs allege that…
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Federal Court Rejects Claims That McDonald’s Food Packaging Harms the Environment
A federal court in Illinois has reportedly dismissed on standing grounds the pro se claims of an individual plaintiff who alleged that the food packaging materials used by McDonald’s Corp., when discarded by consumers, pose a threat to the environment. Gencarelli v. McDonald’s Corp., No. 11-5573 (N.D. Ill., decided August 19, 2011). The plaintiff filed his…
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Court Allows Intervention in Industry Suit Against NMFS Challenging Pesticide Opinion
A federal court in Maryland has permitted groups representing environmental and fishing interests to intervene in litigation filed by Dow AgroSciences LLC and two other pesticide manufacturers against the U.S. National Marine Fisheries Service (NMFS), seeking to overturn the agency’s opinion that three insecticides threaten the Pacific salmon. Dow AgroSciences LLC v. Nat’l Marine Fisheries Serv.,…
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Lawsuit Against Cargill Seeks Recovery for Baby Sickened in Salmonella Outbreak
A lawsuit has been filed in an Oregon federal court on behalf of a 10-month-old girl who allegedly became ill and was hospitalized after eating a meatball made with ground turkey contaminated with Salmonella. Lee v. Cargill Meat Solutions Corp., No. 11-993 (D. Ore., filed August 16, 2011). Represented by an attorney with food plaintiffs’…
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Ninth Circuit Increases Award to Latino Farm Workers in Washington State
In an unpublished opinion, a divided Ninth Circuit Court of Appeals panel has determined that a district court erred in awarding Latino farm workers less than statutory damages for growers’ violations of Washington’s Farm Labor Contractors Act (FLCA). Perez-Farias v. Global Horizons, Inc., No. 10-35397 (9th Cir., decided August 17, 2011). The court remanded the…