Category: U.S. Circuit Courts
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White Chocolate Content Challenged in Putative Class Action
A consumer has alleged that Snack Innovations Inc.’s Drizzilicious rice cakes are advertised as containing white chocolate but only contain “imitation flavoring.” Morrison v. Snack Innovations Inc., No. 19-1238 (S.D.N.Y., filed February 8, 2019). The complaint asserts that “white chocolate,” by U.S. regulations, contains cocoa butter, dairy ingredients and sweetener, including 20 percent cocoa butter…
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Honey Heated to 120 Degrees Is No Longer Raw, Plaintiff Alleges
A consumer has filed a putative class action alleging that North Dallas Honey Co. sells its Nature Nate’s honey as “100% raw” but heats it to 120 degrees during bottling. Pierce v. N. Dallas Honey Co., No. 19-0410-B (N.D. Tex., Dallas Div., filed February 19, 2019). The plaintiff argues that heating honey to more than…
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Consumer Groups Sue Pilgrim’s Pride
The Organic Consumers Association and Food & Water Watch Inc. have filed a lawsuit alleging that Pilgrim’s Pride Corp. misrepresents the conditions in which it raises its chickens. Food & Water Watch Inc. v. Pilgrim’s Pride Corp. (D.C. Super. Ct., filed February 4, 2019). The complaint alleges that “Pilgrim’s Pride systematically raises, transports, and slaughters…
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Kind “All Natural” Litigation Stay Lifted
Consolidated litigation to determine whether Kind LLC misleads consumers by marketing its products as “all natural” and made without genetically modified organisms (GMOs) will continue after a two-year delay. In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered February 11, 2019). The court previously stayed the litigation in anticipation of U.S.…
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In-N-Out Suit Forces Smashburger to Change Some “Double The Beef” Ads
A California federal court has sided with In-N-Out Burgers in a lawsuit challenging whether Smashburger’s Triple Double hamburger has “double the beef.” In-N-Out Burgers v. Smashburger IP Holder LLC, No. 17-1474 (C.D. Cal., entered February 6, 2019). Smashburger’s Triple Double, advertised as “double the beef,” contains the same amount of beef as Smashburger’s classic burger—five…
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Russell Stover, Ghirardelli Underfill Chocolate Boxes, Consumer Alleges
Following a settlement with California district attorneys making similar allegations, Russell Stover and Ghirardelli Chocolates have been targeted in a New York putative class action alleging the companies’ chocolate packages are “predominantly empty” “through the large void spaces which comprise most of the packaging interior around the actual few items contained therein.” Faison v. Russell…
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Ninth Circuit Rules for Retail Associations on San Francisco SSB Ad Regulations
An en banc U.S. Court of Appeals for the Ninth Circuit has held that a district court abused its discretion by denying the American Beverage Association and the California Retailers Association a preliminary injunction that would prevent San Francisco’s ordinance regulating advertisements for sugar-sweetened beverages (SSBs) from taking effect. Am. Beverage Ass’n v. City &…
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“All Natural” LaCroix Flavors Are “98% Synthetic,” Putative Class Action Alleges
Two consumers have alleged that National Beverage Corporation misleads buyers of LaCroix sparkling water because it advertises the products as “all natural” and “100% natural” while they contain flavors composed of “between 36% and 98% synthetic ingredients.” Graham v. Nat’l Beverage Corp., No. 19-0873 (S.D.N.Y., filed January 29, 2019). The complaint cites the Center for…