Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Native American Discrimination Suit Against USDA Settles

    A federal court has reportedly approved a $760 million government settlement with Native American farmers and ranchers who claimed that the U.S. Department of Agriculture (USDA) discriminated against them by denying them equal access to credit through the agency’s Farm Loan Program. Keepseagle v. Vilsack, No. 99-03119 (D.D.C., settlement approved April 28, 2011). A final dispute…

  • Federal Court Rejects Challenge to Cy Pres Distribution in Frosted Mini-Wheats® Suit

    A federal court in California recently granted a motion for final approval of a class action settlement in litigation involving allegations that Kellogg Co. fraudulently claimed that its Frosted Mini-Wheats® cereal “was clinically shown to improve children’s attentiveness by nearly 20%.” Dennis v. Kellogg Co., No. 09-01786 (S.D. Cal., decided April 5, 2011). Additional information…

  • “One Smart Cookie™” Goes Head-to-Head with “Original Smart Cookie”

    The company that makes gourmet cookies sold as “One Smart Cookie™” has filed a trademark infringement and unfair competition lawsuit against a company that makes organic cookies sold as the “Original Smart Cookie.” Jimmy’s Chocolate Chip Cookies, LLC v. Nature’s Select Food Group, LLC, No. 11-01 (D.N.J., filed April 15, 2011). According to the plaintiff, the…

  • Dispute over “Mommy” on Wine Labels Goes to Court

    Clos LaChance Wines has filed a complaint in a California federal court seeking a declaration that “Mommy” is not a protected trademark when used on a wine label and that the company’s domestic wine products, “MommyJuice White Wine” and “MommyJuice Red Wine,” do not infringe defendant’s “Mommy’s Time Out®” imported wines. Clos LaChance Wines, LLC…

  • Reduced Fat Claims for Deli Meats Challenged in Class Complaint

    A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies…

  • Court Resolves Insurance Coverage Issues for Diacetyl Defendants

    A New York state court has determined that a company which made the butter flavoring chemical at issue in workplace exposure lawsuits succeeded to a predecessor’s insurance coverage rights. Int’l Flavors & Fragrances, Inc. v. St. Paul Prot. Ins. Co., No. 601723/08 (N.Y. Sup. Ct., decided April 11, 2011). Finding that a de facto merger…

  • Florida Court Denies Motion to Dismiss Polluted Frozen Vegetable Suit

    A Florida court has reportedly denied the motion to dismiss filed by organic and natural foods grocery chain Whole Foods Market in a case alleging that the company sold frozen vegetables harvested in a polluted area by the forced labor of Chinese prisoners. Se. Consumer Alliance Inc. v. Whole Foods Market Group Inc., No. 2009-92727-CA-01…

  • Taco Bell® Calls on Law Firm to Apologize for Dropped Lawsuit

    Taco Bell® has launched a nationwide public relations campaign calling for an apology from the law firm that voluntarily dismissed a lawsuit alleging that the company misrepresented the beef filling in its taco and burrito products. Obney v. Taco Bell Corp., No. 11-00101 (C.D. Cal., notice of dismissal filed April 18, 2011). Additional information about the…