Category: U.S. Circuit Courts
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Chewing Gum Class Action Dismissed for Failing to State a Cause of Action
A federal court in Florida has dismissed without prejudice a putative class action alleging that the Wm. Wrigley Jr. Co. misled consumers by claiming that its Eclipse® Breeze chewing gum contains “Cardamom to Neutralize the Toughest Breath Odors.” Nichols v. Wm. Wrigley Jr. Co., No. 10-80759 (S.D. Fla., decided January 19, 2011). A similar lawsuit,…
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California’s Approval of Pesticide Ingredient Challenged
A coalition of pesticide watchdogs and farm workers has filed a petition in a California state court seeking review of a Department of Pesticide Registration (DPR) decision to allow the use of pesticides containing methyl iodide despite evidence that the chemical is highly toxic. Pesticide Action Network N. Am. v. Cal. Dep’t of Pesticide Regulation,…
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Retail Food Interests Allege Price Fixing in Egg Market
A coalition of food wholesalers and retailers has filed an antitrust lawsuit in a Kansas state court against egg producers and industry trade groups alleging that, by reducing the number of hens, increasing egg exports and decreasing hen lifecycles, the defendants conspired to manipulate egg prices, which have more than doubled in recent years. Associated…
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Amended Complaint Says Gerber Failed to Warn About Lead in Apple Juice
According to a press report, an amended putative class complaint has been filed in a Florida federal court against two companies that make and sell apple juice for children’s consumption, alleging that by failing to warn about the presence of lead in the juice the companies have violated state deceptive and unfair trade practices law.…
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Insurance Coverage Claims Settled in Pistachio Recall Cases
Setton International Foods, which recalled more than 15 million pounds of pistachios in 2009 when Salmonella was detected in a delivery to one of its customers, has reportedly entered a settlement agreement with its insurers in a dispute over coverage for third-party claims. While the terms of the settlement have not been disclosed, a federal…
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Court Dismisses Class Action over Salt in Denny’s Menu Items
A New Jersey appellate court has dismissed the second amended complaint in a putative class action filed by a man who claims that Denny’s meals contain excessive undisclosed levels of sodium in violation of the state’s Consumer Fraud Act. DeBenedetto v. Denny’s, Inc., No. A-4135-09T1 (N.J. Super. Ct. App. Div., decided January 11, 2011). The…
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U.S. Supreme Court Declines Review of Doffing-and-Donning Ruling
The U.S. Supreme Court has denied the certiorari petition filed by Kraft Foods, seeking review of a Seventh Circuit ruling that requires the company to pay for the time it takes workers to change into and out of safety gear and work clothes, despite a collective bargaining agreement to the contrary. Kraft Foods Global, Inc.…
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Cases Recently Settled—Dairy Price Fixing, BPA in Baby Bottles
Northeast dairy farmers have reportedly settled their price-fixing claims against Dean Foods Co. for $30 million and injunctive relief requiring the company to buy a portion of its raw milk from multiple sources. Allen v. Dairy Farmers of America, No. __ (D. Vt., settlement reached December 24, 2010). While the agreement requires court approval, it…