Category: U.S. Circuit Courts
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Plaintiff Alleges Good Health Veggie Snacks Are Not Healthy
Utz Quality Foods LLC and Good Health Natural Products Inc. face a potential class action alleging that the companies replaced a blend of vegetable-derived ingredients with synthetic additives in their Extra Goodness! products, including vegetable straws and chips. Feldman v. Utz Quality Foods, LLC, No. 18-6004 (S.D.N.Y., filed July 3, 2018). The complaint alleges that the companies…
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Lawsuit Challenges “Alkaline” Water Claims
A consumer has filed a putative class action alleging Trader Joe’s Co. misleads consumers with its alkaline water, which the company purportedly markets as “ionized to achieve the perfect balance.” Weiss v. Trader Joe’s Co., No. 18-1130 (C.D. Cal., S. Div., filed June 26, 2018). The complaint asserts that Trader Joe’s charges a premium for…
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U.S. Seeks Injunction Against Meat Wholesaler For Mislabeling
Federal prosecutors in Chicago are seeking an injunction against Kingdom Farms Wholesale Meats Inc. for allegedly packaging, selling and transporting products without federal marks of inspection and required labeling. U.S. v. Kingdom Farms Wholesale Meats Inc., No. 18-4155 (N.D. Ill., filed June 14, 2018). The complaint asserts that Kingdom Farms removed products from properly labeled shipping containers and…
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Whole Foods Wins Partial Summary Judgment in Sugar Dispute
A federal court in Texas has granted partial summary judgment to WFM Private Label L.P., a subsidiary of Whole Foods Market Inc., in a contract dispute related to 365 Everyday Value Greek yogurt’s sugar content. WFM Private Label, L.P., v. 1048547 Ontario Inc., No. 14-1013 (W.D. Tex., entered June 18, 2018). Whole Foods hired Skotidakis Goat Farm (SGF)…
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Halo Top Underfills Pints, Lawsuit Alleges
Two consumers have filed a putative class action alleging that Eden Creamery “underfills its ‘pints’ of ice cream”—“[d]ramatically so at times, and as a course of business.” Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, “Purchasers of the premium-priced ice cream simply have no idea how much ice…
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Plaintiff Drops “Real Ginger Ale” Suit Against Dr Pepper Snapple Group
A Missouri federal court has dismissed with prejudice a putative class action alleging Dr Pepper Snapple Group Inc. mislabels Canada Dry Ginger Ale because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered June 21, 2018). The court approved a stipulated voluntary dismissal filed by the named plaintiff. In April…
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Putative Class Action Challenges RXBAR Ingredients
A consumer has filed a lawsuit alleging that the packaging for Chicago Bar Co.’s RXBAR misleads consumers about the ingredients of the product. Pizzirusso v. Chicago Bar Co., No. 18-3529 (E.D.N.Y., filed June 15, 2018). RXBAR and RXBAR Kids products feature a list of ingredients on the front of the package—for example, the blueberry flavor’s packaging…
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Salmonella Outbreak Spurs Kellogg Lawsuit
A woman has filed a lawsuit alleging that she contracted Salmonella Mbandaka after consuming Kellogg Co.’s Honey Smacks cereal. Lemieux v. Kellogg Co., No. 18-0682 (W.D. Mich., filed June 20, 2018). The infection is apparently part of an outbreak of Salmonella that began in March 2018 that has infected 73 people in 31 states. The plaintiff alleges that after…