Category: U.S. Circuit Courts
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Court-Ordered GE Sugar Beet Seedling Destruction on Hold
The Ninth Circuit Court of Appeals has reportedly issued a temporary stay of a district court order mandating the destruction of 256 acres of genetically engineered (GE) sugar beet seedlings that were, according to the lower court, planted illegally in September 2010. Ctr. for Food Safety v. Vilsack, No. 10-04038 (N.D. Cal., decided November 30,…
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Exploding Escargot, “Friggin’ Rudeness” and Hot Garlic Butter Lead to Small Claims Court
Two California businessmen have reportedly filed a complaint in small claims court against a Marin County restaurateur, alleging that they were sprayed with hot garlic butter from an exploding snail. Chadwick St.-O’Harra, a former law student, and Steve Righetti were apparently celebrating Righetti’s birthday at a seafood restaurant, when the escargot purportedly exploded, dousing their…
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False Immunity Claims Raised Against Maker of Acai Mixed Berry Red Tea
A California resident has filed a putative class action against Dr. Pepper Snapple Group, Inc., in federal court, alleging that the company has violated consumer protection laws in labeling and promoting its “Snapple® Acai Mixed Berry Red Tea Immunity” product because “no known clinical study . . . adequately supports Snapple’s claims.” Meaunrit v. Dr.…
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FTC Seeks Dismissal of POM Wonderful Challenge to Health-Claim Standards
The Federal Trade Commission (FTC) has filed a motion to dismiss a complaint charging the agency with exceeding its authority in requiring Food and Drug Administration (FDA) pre-approval for health-related claims on food products, violating advertisers’ constitutional rights by requiring compliance with these standards and failing to comply with notice-and-comment rulemaking procedures in establishing the…
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Federal Court Denies Motion to Settle Trans Fat Margarine Litigation
A federal court in California, presiding over two putative class actions alleging that I Can’t Believe It’s Not Butter!®, Country Crock® and other cholesterol-free margarines were falsely advertised as nutritious, has denied a joint motion for preliminary approval of a class settlement. Red v. Unilever PLC, No. 10-00387 (N.D. Cal., order filed November 16, 2010).…
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EPA’s Authority to Allow More Ethanol in Gasoline Challenged
A coalition of major farm, food and fuel industry trade groups has reportedly filed a lawsuit in the D.C. Circuit Court of Appeals to challenge the Environmental Protection Agency’s (EPA’s) decision to allow gasoline with up to 15 percent ethanol (E15) to be sold for vehicles made in the 2007 model year or later. The…
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KFC Advertising Disputed Before Delaware Chancery Court
KFC franchisees have reportedly made their closing arguments before a Delaware Chancery Court in a dispute over the company’s advertising policies. They contend that 1997 amendments to the company’s corporate documents gave them the authority to propose and approve different advertising recommendations. The lawsuit was apparently filed after KFC Corp. launched an advertising campaign for…
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Florida Diner Claims Restaurant’s Negligence Led to Artichoke-Induced Injury
A Florida man has sued a Houston’s restaurant and its manager for failing to train servers to explain to patrons how to eat grilled artichokes, contending that their negligence led to his hospitalization and exploratory bowel surgery. Carvajal v. Hillstone Restaurant Group, Inc., No. 10-57757 CA 03 (Fla. Cir. Ct., Miami Dade Cty., filed October…