Category: U.S. Circuit Courts
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Cereal Misleads on Primary Sweetener, Plaintiff Alleges
A consumer has filed a putative class action alleging that Post Consumer Brands’ Honey Bunches of Oats is misleadingly named because the cereals are sweetened primarily by “sugar, corn syrup, and other refined substances, and contain only miniscule amounts of honey.” Tucker v. Post Consumer Brands LLC, No. 19-3993 (N.D. Cal., filed July 11, 2019).…
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Malic Acid Challenged in Laffy Taffy, Nerds
A plaintiff has alleged that Ferrara Candy Co. misleads consumers by labeling its candies as containing no artificial flavors while including malic acid as an ingredient. Gruber v. Ferrara Candy Co., No. 19-4700 (N.D. Ill., E. Div., filed July 12, 2019). The complaint echoes other putative class actions alleging that the “malic acid” listed as…
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TTAB Refuses to Register “Scoop” for Ice Cream
The U.S. Trademark Trial and Appeal Board (TTAB) has affirmed the denial of Yarnell Ice Cream LLC’s application to register a trademark on a mascot named “Scoop.” In re Yarnell Ice Cream, LLC, No. 86824279 (TTAB, entered July 9, 2019). The examining attorney rejected the application, finding “scoop” to be merely descriptive, and the appeals…
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Vegan Food Co. Challenges Mississippi Meat Law
Upton’s Naturals Co. has filed a lawsuit challenging Mississippi’s law prohibiting the use of “meat” to describe products that are not derived from animals. Upton’s Naturals Co. v. Bryant, No. 19-0462 (S.D. Miss., filed July 1, 2019). Upton’s, which makes “vegan burgers,” “vegan bacon” and “vegan chorizo,” argues that the law is a “content-based regulation…
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OCA Alleges Twinings Misleads with “Pure” Claims
The Organic Consumers Association (OCA) has alleged that Twinings North America Inc. misleads consumers by representing its tea products as “pure” and “natural” despite containing traces of pesticides. Organic Consumers Ass’n v. Twinings N. Am. Inc., No. 2019 CA 4412 (D.C. Super. Ct., filed July 5, 2019). The advocacy group alleges that “[t]ests conducted by…
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Barilla Citric Acid Suit Partially Dismissed
An Illinois federal court has dismissed part of a lawsuit alleging that Barilla America Inc. misleads consumers about whether its sauce contains preservatives because it contains citric acid. Kubulius v. Barilla Am Inc., No. 19-6656 (N.D. Ill., E. Div., entered July 2, 2019). The court declined to apply Illinois law, finding that the plaintiff’s claim…
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RFK Jr. Group Sues Baby Food Co. for “Natural” Representation
Children’s Health Defense, an organization founded and chaired by Robert F. Kennedy, Jr., has filed a lawsuit alleging that Beech-Nut Nutrition Co. misrepresents its baby-food products as “100% natural” despite containing pesticide residues. Children’s Health Def. v. Beech-Nut Nutrition Co., No. 2019 CA 4475 (D.C. Super. Ct., filed July 8, 2019). The organization alleges that…
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Scotch Whisky Association Sues Distiller for “Highland” Use
The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described…