Category: U.S. Circuit Courts
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Fraud Claims to Continue in Kashi Strawberry Bars Ingredient Suit
An Illinois federal court has granted a partial motion to dismiss a putative class action alleging that Kashi Sales L.L.C. misled consumers by making the flavoring of “Ripe Strawberry” cereal bars with pear juice concentrate and apple powder. Johnston v. Kashi Sales L.L.C., No. 21-0441 (S.D. Ill., entered September 8, 2022). The plaintiff alleged that…
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New Suit Alleges Kellogg’s ‘Harvest Wheat’ Crackers Misled Consumers
An Illinois consumer has filed a putative class action against Kellogg Sales Co., alleging it misrepresented the amount of whole grains its Harvest Wheat Toasteds crackers contain. Moore v. Kellogg Sales Co., No. 22-03172 (C.D. Ill., filed September 5, 2022). The plaintiff asserts in the complaint that consumers want to consume more whole grains, but…
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Putative Class Action Alleges Juice Maker Used Deceptive Labeling
A New York consumer has filed a putative class action against juice maker Suja Life, LLC, alleging the company deceptively labeled its juice blends as “Cold-Pressed.” Lumbra v. Suja Life, LLC, No. 22-893 (N.D.N.Y., filed August 28, 2022). The plaintiff alleges that the packaging of Suja’s “Cold-Pressed” juices led her to believe they were not…
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TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark
The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022). JHO sought to register the mark…
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Court Dismisses Part of Gorton’s “Sustainably Sourced” Lawsuit
A Massachusetts federal court has granted a motion to dismiss a request for injunctive relief but allowed to continue other claims alleging that Gorton’s Inc. misleads consumers by marketing its tilapia products as “sustainably sourced.” Spindel v. Gorton’s Inc., No. 22-10599 (D. Mass., entered August 24, 2022). The court noted that in a hearing, Gorton’s…
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Whole Foods’ “No Antibiotics, Ever” Campaign Misled Consumers, Plaintiffs Allege
A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan…
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Packaging of US-Made Feta Prompts Suit Alleging Consumer Fraud
A Florida consumer has sued cheesemaker Lactalis American Group, Inc., alleging the company misrepresented the authenticity of its President-branded feta cheese. Gallagher v. Lactalis American Group, Inc., No. 22-00614 (W.D.N.Y., filed Aug. 14, 2022). The plaintiff alleges that Lactalis misrepresented its feta cheese as made in Europe under the President brand, when it is made in…
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Court Dismisses Bagel Bites Labeling Lawsuit
An Illinois federal court has granted Kraft Heinz Foods Co.’s motion to dismiss a lawsuit alleging the labeling noting the inclusion of mozzarella cheese and tomato sauce in Bagel Bites is misleading. Jackson v. Kraft Heinz Foods Co., No. 21-5219 (N.D. Ill., E. Div., entered August 3, 2022). “Central to all of Plaintiff s claims is…