Category: U.S. Circuit Courts
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Malic Acid Putative Class Actions Filed Against Utz, Talking Rain
Plaintiffs represented by the same plaintiff’s firm have filed lawsuits alleging that companies mislead consumers by labeling their foods as flavored naturally despite containing malic acid. Lepiane v. Utz Quality Foods LLC, No. 18-2659 (S.D. Cal., filed November 20, 2018); Augustine v. Talking Rain Beverage Co., No. 18-2576 (S.D. Cal., filed November 9, 2018). The…
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Citric Acid Invalidates Soda’s “Preservative-Free” Claim, Lawsuit Alleges
A consumer has filed a putative class action alleging that Reed’s Inc. misleads consumers by labeling its Virgil’s Sodas as made with “natural ingredients” and “no preservatives” despite containing citric acid. Mason v. Reed’s Inc., No. 18-10826 (S.D.N.Y., filed November 19, 2018). The complaint asserts that citric acid “is a synthetic compound” “usually produced from…
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“Wizard of Oz” Owner Challenges Brewery’s Trademark Application for “Surrender Dorothy”
Turner Entertainment Co. has filed an opposition to Sligo Mill Brewing Co.’s application to trademark “Surrender Dorothy,” arguing that consumers will be misled into believing that the brewery is associated with “The Wizard of Oz.” Turner Entm’t Co. v. Sligo Mill Brewing Co., Opp. No. 91244715 (U.S.P.T.O., filed November 13, 2018). Turner, which owns trademark…
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D.C. Court Dismisses Olive Oil Complaint
A D.C. court has dismissed a lawsuit challenging Deoleo USA Inc.’s “extra virgin” olive oil, finding that the plaintiff failed to state a claim. Fahey v. Deoleo USA Inc., No. 18-2047 (D.D.C., entered November 8, 2018). Deoleo settled a similar lawsuit in March 2018, and the plaintiff “apparently caught wind of this news,” the court…
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Plaintiff Challenges Malic Acid in Vivaloe Beverages
A consumer has filed a putative class action alleging that Vivaloe beverages are misleadingly marketed as naturally flavored because they contain malic acid. Anderson v. Outernational Brands Inc., No. 18-2550 (S.D. Cal., filed November 6, 2018). The complaint asserts that malic acid is “an inexpensive synthetic chemical used in processed food products to make the…
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Challenge to Ginger Content in Canada Dry to Continue
A California federal court has granted partial summary judgment in a class action alleging Keurig Dr Pepper falsely marketed Canada Dry as “Made from Real Ginger.” Fitzhenry-Russell v. Keurig Dr Pepper Inc., No. 17-0564 (N.D. Cal., entered November 2, 2018). The court considered the results of multiple consumer surveys aiming to determine whether a reasonable…
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“Vegan Butter” is not Butter, Plaintiff Argues
A consumer asserts that Miyoko’s Kitchen Inc.’s “vegan butter” misleads consumers into believing the product is “a ‘form’ of butter” despite lacking “any milk or dairy ingredients and the functional, nutritional, sensory and organoleptic attributes which consumers associate with butter.” Brown v. Miyoko’s Kitchen Inc., No. 18-6079 (E.D.N.Y., filed October 30, 2018). The products “bask…
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Plaintiff Alleges “Octopus” Products Are A “Bait-and-Switch”
A consumer has alleged that Iberia Foods misleads consumers by substituting giant squid for octopus in three of its octopus products. Zapata Fonseca v. Iberia Foods Corp., No. 18-6279 (E.D.N.Y., filed November 5, 2018). The plaintiff’s putative class action asserts that Iberia and its supplier, Orbe, either knew or should have known that the products…