Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Coconut Beverage’s “Healthy” Marketing Misleads, Consumer Alleges

    A consumer has filed a putative class action alleging that The Hain Celestial Group’s Coconut Dream, “a coconut ‘milk’ style drink that is primarily coconut oil (or coconut oil and added sugar) in water,” is marketed to appeal to health-conscious consumers despite being “basically saturated fat (or saturated fat and added sugar).” Andrade-Heymsfield v. Hain…

  • Sugarfina, Sweet Pete’s Settle IP Dispute

    Sugarfina and Sweet Pete’s have reached an agreement to settle allegations that Sweet Pete’s infringed Sugarfina’s trademarks, copyrights, patent and trade dress by copying the “museum-quality Lucite” used to package its candies. Sugarfina Inc. v. Sweet Pete’s, No. 17-4456 (C.D. Cal., settlement notice filed March 5, 2019). Under the agreement, Sweet Pete’s will pay $2…

  • Magnum Coffee’s “Kona” Blend Challenged

    A consumer has filed a putative class action alleging that L & K Coffee Co. misleads consumers by selling a blend of coffee it labels as “Kona,” which allegedly refers to a distinctive geographic region in Hawaii. Faison v. L & K Coffee Co., No. 19-1248 (E.D.N.Y., filed March 3, 2019). The complaint asserts that…

  • Ferrara Settles SweeTart Malic Acid Litigation

    A California federal court has preliminarily approved a settlement agreement between a consumer and Ferrara Candy Co. alleging the company misleadingly advertised its SweeTarts as free of artificial flavors despite containing malic acid. Littlejohn v. Ferrara Candy Co., No. 18-0658 (S.D. Cal., entered February 28, 2019). Under the agreement, Ferrara will remove the phrase “no…

  • In-N-Out Sues Puma for Alleged Infringement

    In-N-Out Burgers has filed a lawsuit alleging that Puma North America Inc. infringed its trademarks and trade dress with two pairs of shoes called “California Drive Thru” and “Cali-0 Drive Thru.” In-N-Out Burgers v. Puma N. Am. Inc., No. 19-0413 (C.D. Cal., filed March 1, 2019). The shoes feature shades of red and yellow similar…

  • Government Urges Court to Reject Lenny & Larry’s Settlement

    The federal government has filed a statement of interest in a lawsuit alleging that Lenny & Larry’s Inc. misled consumers as to the amount of protein in its cookies. Cowen v. Lenny & Larry’s Inc., No. 17-1530 (N.D. Ill., E. Div., filed February 15, 2019). The statement argues that the settlement is a marketing opportunity…

  • Lawsuit Challenges Certification of “San Marzano” Tomatoes

    A consumer has filed a putative class action alleging that Cento Fine Foods Inc. misleadingly markets its tomatoes as “Certified San Marzano” without having the proper certification. Sibrian v. Cento Fine Foods Inc., No. 19-0974 (E.D.N.Y., filed February 19, 2019). San Marzano tomatoes are grown vertically with supports in San Marzano sul Sarno in Italy,…

  • Wendy’s Settles Data Breach Lawsuits

    Wendy’s International Inc. has settled two class actions alleging injuries stemming from a 2016 payment-system breach. Jackson v. Wendy’s Int’l Inc., No. 16-0210 (M.D. Fla., entered February 26, 2019); First Choice Fed. Credit Union v. Wendy’s Co., No. 16-0506 (W.D. Penn., entered February 26, 2019). A Florida federal court approved a $3.4 million settlement between…