Category: U.S. Circuit Courts
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Court Blames Bees in Manuka Honey Lawsuit Dismissal
A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe’s Co.’s “pure manuka honey” was “adulterated by the inclusion of cheaper honey.” Moore v. Trader Joe’s Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court’s decision notes a transcript from oral argument in which the plaintiff explained, “[T]here could…
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Tropicana Targeted in Malic Acid Lawsuit
A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as “natural” because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions…
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FDA to Designate High-Risk Foods Under Consent Decree
A California federal court has entered a consent decree compelling the U.S. Food and Drug Administration (FDA) to designate a list of high-risk foods as required by the Food Safety Modernization Act. Ctr. for Food Safety v. Azar, No. 18-6299 (N.D. Cal., entered June 7, 2019). The decree is the result of a lawsuit brought…
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Plaintiff Denied Class Certification for Third Time in Tropicana Suit
A New Jersey federal court has denied class certification to a plaintiff challenging Tropicana’s marketing representations of its juice as “pure” and “natural.” In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered June 19, 2019). The court first denied certification for a New York class because the plaintiff only purchased…
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Former LaCroix Employee Alleges Firing Stems from BPA Claims
A former vice president of National Beverage Corp. has alleged that he was fired because he objected to the company president’s intention to use cans lined with bisphenol A (BPA) while marketing its LaCroix products as natural and BPA-free. Dejewski v. Nat’l Beverage Corp., No. PAS-L-1802-19 (N.J. Super. Ct., Passaic Cty., filed June 6, 2019).…
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Plaintiff Challenges Vanilla Flavoring in Yogurt
A plaintiff has alleged that Danone North America misleads consumers by labeling its Dannon and Oikos yogurts as featuring “vanilla with other natural flavors” because the products contain “less vanilla flavor derived from vanilla beans than their name suggests.” Andriulli v. Danone N. Am., No. 19-5165 (S.D.N.Y., filed June 2, 2019). The plaintiff asserts that…
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Putative Class Action Targets Kellogg for Added Sugars
Four consumers have filed a putative class action alleging that Kellogg Sales Co. misleadingly markets its products as promoting health and wellness despite containing added sugars. DiGregorio v. Kellogg Sales Co., No. 19-0632 (N.D.N.Y., filed May 28, 2019). The complaint details studies about the health effects of sugars on the human body and argues that…
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Plaintiff Challenges Oreos’ “Real Cocoa” Content
Mondelez International Inc. allegedly markets its Oreos as containing “Real Cocoa” despite containing “cocoa processed with alkali.” Harper v. Mondelez Int’l Inc., No. 19-2747 (N.D. Cal., filed May 20, 2019). A plaintiff has asserted that the claim “‘Always made with Real Cocoa’ or ‘Real Cocoa’ is intended to differentiate the cocoa in the Products from…