Category: U.S. Circuit Courts
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Kefir Projected Class Action Survives Motion to Dismiss
A federal court has denied Lifeway Foods’ motion to dismiss a putative class action alleging the company fraudulently marketed its kefir beverage as 99 percent lactose-free despite containing 4 percent lactose. Block v. Lifeway Foods, No. 17-1717 (D.N. Ill., entered September 6, 2017). “[I]n some other cases, consumers have brought consumer fraud claims against food…
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Court Approves Quorn Settlement Requiring New Labels and Warning
A federal court has approved the settlement agreement in a class action against Quorn Foods, which has agreed to warn consumers that its products contain mold. Birbrower v. Quorn Foods, No. 16-1346 (C.D. Cal., entered September 1, 2017). Under the agreement, the labels will state, “Mycoprotein is a mold member of the fungi family. There…
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Tenth Circuit Overturns “Ag-Gag” Lawsuit Dismissal
The U.S. Court of Appeals for the Tenth Circuit has overturned a lower court’s dismissal of a coalition of advocacy groups’ lawsuit challenging the constitutionality of Wyoming’s statute supplementing criminal and civil trespass laws with additional penalties when the perpetrators “collect resource data.” W. Watersheds Project v. Michael, No. 16-8083 (10th Cir., entered September 7,…
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GMO Putative Class Action Targets Boar’s Head
A consumer has filed a projected class action alleging Boar’s Head Provisions Co. Inc. misleadingly markets its cheeses as “natural” despite containing genetically modified organisms (GMOs). Forsher v. Boar’s Head Provisions Co. Inc., No. 17-4974 (N.D. Cal., filed August 25, 2017). The complaint asserts that GMOs are “not natural” and that “consumers do not expect…
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Thelonious Monk Estate Sues Brewery for “Brother Thelonious” Ale
The estate of Thelonious Monk has alleged that North Coast Brewing, maker of “Brother Thelonious Belgian Style Abbey Ale,” violated the estate’s trademark and publicity rights. Monk v. North Coast Brewing Co. Inc., No. 17-5015 (N.D. Cal., filed Aug. 29, 2017). According to the complaint, the estate verbally granted the brewer the right to use…
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Federal Court Clears Way for Seafood Traceability Program
A federal court has granted the U.S. Department of Commerce’s motion for summary judgment in a lawsuit aiming to block implementation of the Seafood Import Monitoring Program, which will require importers to document the catch-to-table distribution chain. Alfa Int’l Seafood, Inc. v. Sullivan, No. 17-0031 (D.D.C., entered August 28, 2017). A group of seafood processing,…
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Three Companies Join Tuna Price-Fixing Litigation
Dollar General Corp, Moran Foods LLC and Krasdale Foods, Inc. have filed lawsuits alleging that the makers of Bumble Bee, StarKist and Chicken of the Sea illegally conspired to fix prices for their products, echoing ongoing litigation alleging similar facts. Dollar General Corp. v. Bumble Bee Foods LLC, No. 17-1744 (S.D. Cal., filed Aug. 29,…
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In-N-Out, Smashburger Dispute “Triple Double” Mark
In-N-Out Burgers has filed a lawsuit alleging consumers are likely to confuse Smashburger’s “Triple Double” hamburger with In-N-Out’s “Double-Double,” “Triple Triple” and “Quad Quad.” In-N-Out Burgers v. Smashburger IP Holder LLC, No. 17-1474 (C.D. Cal., filed August 28, 2017). In-N-Out asserts use of the marks “Double-Double” and “Triple Triple” since the early 1960s to designate…