Category: U.S. Circuit Courts
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Court Denies Motion to Dismiss Kombucha Putative Class Action
A California federal court has denied a motion to dismiss a putative class action alleging deceptive labeling and advertising of Yogi Green Tea Kombucha, ruling that whether a reasonable consumer believes that kombucha should contain live organisms is a question of fact. Cohen v. East West Tea Co. LLC, No. 17-2339 (S.D. Cal., entered August…
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Advocacy Groups Sue USDA For Failure to Implement GMO Labeling Act
The Center for Food Safety and the Center for Environmental Health have filed a lawsuit alleging that the U.S. Department of Agriculture (USDA) failed to comply with mandatory deadlines established by the 2016 Federal Bioengineered Food Disclosure Standards Act, which would require labeling of foods that contain genetically modified organisms (GMOs). Ctr. for Food Safety…
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11th Circuit Reverses Dunkin’ Donuts ADA Dismissal
The Eleventh Circuit has reversed the dismissal of a lawsuit against Dunkin’ Donuts LLC, ruling that a blind plaintiff who alleged the company’s website was not compatible with screen-reading software showed a plausible claim for relief under the Americans with Disabilities Act (ADA). Haynes v. Dunkin’ Donuts LLC, No. 18-10373 (11th Cir., entered July 31,…
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Court Dismisses Junior Mints Slack-Fill Suit
A New York federal court has dismissed a putative slack-fill class action against Tootsie Roll Industries, finding that the packaging of Junior Mints contains sufficient information for consumers to determine its volume and that “[t]he law simply does not provide the level of coddling plaintiffs seek. … The court declines to enshrine into the law…
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Superpower Beer and Juice Can Coexist, TTAB Rules
The Trademark Trial and Appeal Board (TTAB) has dismissed The Wonderful Co.’s opposition to Comrade Brewing Co.’s application to register “Superpower” as a mark used in relation to beer. Wonderful Co. v. Comrade Brewing Co., No. 91230877 (T.T.A.B., entered August 2, 2018). The Wonderful Co. uses its mark “Antioxidant Superpower” to describe its POM pomegranate…
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Chipotle Facing Foodborne Illness Lawsuits
Multiple consumers have reportedly filed lawsuits against Chipotle Mexican Grill following the distribution of allegedly contaminated food that purportedly resulted in more than 700 customers becoming ill. The cause of the illnesses is unknown, as E. coli, Salmonella, norovirus and shigella tests reportedly returned negative results. One plaintiff seeks $25,000 in damages for his medical treatment.
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Pucker Vodka Can Use Lipstick Mark, Court Holds
A Nevada federal court has dismissed JL Beverage Co.’s trademark-infringement allegations against Beam Inc.’s Pucker Vodka. JL Beverage Co. v. Beam Inc., No. 11-0417 (D. Nev., entered July 23, 2018). The 2011 complaint, which alleged that Beam Inc.’s mark featuring a drawing of lips infringed on JL Beverage’s lip-imprint mark, was revived by the Ninth…
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Philadelphia SSB Tax Upheld
The Pennsylvania Supreme Court has affirmed a lower court’s ruling upholding Philadelphia’s tax on sugar-sweetened beverages (SSBs), holding that the tax is not preempted by state law. Williams v. Philadelphia, Nos. 2 EAP 2018, 3 EAP 2018 (Pa., entered July 18, 2018). The 1.5-cents-per-ounce tax, which took effect in January 2017, applies to SSB distributors…