Category: U.S. Circuit Courts
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“Heart-Check Mark” StarKist Lawsuit to Continue
A lawsuit alleging that StarKist misleads consumers by paying to feature the American Heart Association’s (AHA’s) Heart-Check Mark will continue after a New York federal court refused to dismiss the complaint. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., entered March 25, 2019). The court refused to dismiss the plaintiff’s allegation that the Heart-Check Mark materially…
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California Courts Grant Certification to Mike & Ike Buyers, Deny Veggie Burger Purchasers
A California federal court has granted certification to a class of Mike & Ike purchasers in a lawsuit alleging that the candy boxes contain too much non-functional slack-fill. Escobar v. Just Born Inc., No. 17-1826 (C.D. Cal., W. Div., entered March 25, 2019). The plaintiff had alleged that the box of Mike & Ike candies…
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Lawsuit Alleges TGI Friday’s “Potato Skins” Lack Potato Skins, a “Healthier Snack”
A consumer has alleged that TGI Friday’s Inc. misleads consumers with the name of its “Potato Skins,” including the “Cheddar & Bacon,” “Bacon Ranch” and “Sour Cream & Onion” varieties, because the products contain only “potato flakes” and “potato starch.” Troncoso v. TGI Friday’s Inc., No. 19-2735 (S.D.N.Y., filed March 27, 2019). The plaintiff alleges…
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Hot Sauce Company Alleges Infringement by THC-Containing Sauce
Tapatio Foods has filed a trademark infringement lawsuit alleging that Tiowaxy Hot Sauce is sold with a similarly designed label, confusing consumers and causing brand tarnishment to Tapatio’s hot sauce. Tapatio Foods v. Alfarh, No. 19-0335 (E.D. Cal., filed March 11, 2019). Tapatio alleges that Tiowaxy’s label infringes because it also features a man in…
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Second Circuit Confirms Diet Soda Dismissal
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a lawsuit alleging that the name “Diet Pepsi” misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). “The studies cited by the complaint establish,…
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Whole Foods Settles Kombucha Lawsuit
Whole Foods Market Inc. and Health-Ade LLC have agreed to pay $4 million to settle allegations that Health-Ade labels its kombucha as non-alcoholic despite containing “more alcohol than permitted for non-alcoholic beverages.” Bayol v. Health-Ade LLC, No. 18-1462 (N.D. Cal., filed March 15, 2019). Under the agreement, class members can receive $4 for each bottle…
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Court Dismisses Part of Malic Acid Lawsuit
A California federal court has dismissed part of a putative class action alleging Bai Brands misleads consumers as to its ingredients because it does not label “malic acid” as “d-l malic acid.” Branca v. Bai Brands, No. 18-0757 (S.D. Cal., entered March 7, 2019). The court first refused to dismiss the plaintiff’s allegation that Bai…
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Tootsie Rolls Packaging Enjoined in Trade Dress Suit
An Ohio federal court has granted Spangler Candy Co. a preliminary injunction in its lawsuit alleging that Tootsie Roll Industries copied the packaging of its Dum Dums candy. Spangler Candy Co. v. Tootsie Roll Indus., No. 18-1146 (N.D. Ohio, entered March 13, 2019). The court found the Dum Dums red bag not inherently distinctive, instead…