Category: U.S. Circuit Courts
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False Advertising Case Against Cereal Maker Dismissed with Leave to Amend
A federal court in California has reportedly dismissed without prejudice putative class claims filed against General Mills Inc. alleging that the company falsely conveyed to consumers that its Total Blueberry Pomegranate® cereal product contained real fruit. Dvora v. Gen. Mills Inc., No. 11-1074 (C.D. Cal., dismissed May 16, 2011). According to a news source, the…
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Prop. 65 Lawsuit Seeks Warnings for Acrylamide in Coffee
The Metzger Law Group has filed a lawsuit under the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) on behalf of the Council for Education and Research on Toxics (CERT), seeking an order to require coffee makers and retailers to warn consumers that coffee contains acrylamide, a chemical known to the state to cause…
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Trademark Rights to “Heart Attack” Designation on Food Menus Contested
A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an “Instant Heart Attack Sandwich” and planning to sell a “Triple Bypass Sandwich.” Lebewohl v. Heart Attack Grill LLC, No. 11-3153 (S.D.N.Y., filed May 10, 2011). According…
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Citing Insects and Rodent Filth, FDA Seeks to Shutter Food Warehouses
The Food and Drug Administration (FDA) has filed a complaint for permanent injunction against Tennessee-based companies that process food products and ingredients, such as spices, spice blends, herbs, and sauces, claiming they have repeatedly violated the law by selling adulterated foods. United States v. Am. Mercantile Corp., No. 11-02371 (W.D. Tenn., filed May 11, 2011).…
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Court Refuses to Transfer Class Action Against Nutella® Maker
A federal court in California has denied without prejudice the motion of Ferrero U.S.A., Inc. to transfer a consolidated consumer-fraud class action involving its Nutella® spread to a New Jersey district court. In re: Ferrero Litig., No. 11-205 (S.D. Cal., decided May 11, 2011). According to the court, the convenience of the parties and witnesses and…
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Court Gives Preliminary Approval to $30M Settlement of Dairy Antitrust Claims
A federal court in Vermont has certified a class of 9,000 to 10,000 dairy farmers who allege that Dean Foods Co. and others engaged in anticompetitive conduct and given preliminary approval to a settlement reached in December 2010. Allen v. Dairy Farmers of Am., Inc., No. 09-00230 (D. Vt., order entered May 4, 2011). Under…
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POM Wonderful Seeks Review of Adverse Jury Determination on Damages
A federal jury agreed with POM Wonderful LLC that Welch Foods, Inc. developed intentionally confusing and misleading marketing and labeling for its White Grape Pomegranate juice product to take advantage of the market POM created for pomegranate juice, but determined that POM did not lose sales because of Welch’s conduct. POM Wonderful LLC v. Welch…
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Taco Bell Appeals Insurance Coverage Case to Ninth Circuit
Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v.…