Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • FDCA Preempts Underfilled Tuna Claims, Court Holds

    A California federal court has granted a motion to dismiss a consolidated proposed class action alleging Trader Joe’s underfilled its five-­ounce cans of tuna, holding the plaintiffs’ claims are preempted by the Federal Food, Drug and Cosmetic Act (FDCA). In re Trader Joe’s Tuna Litig., No. 16-­1371 (C.D. Cal., order entered June 2, 2017). The…

  • 5-­Hour Energy® Plaintiffs Denied Class Certification

    A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5­-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-­Hour Energy Mktg. and Sales Practices Litig., No. 13-­2438 (C.D. Cal., order entered June 7, 2017).…

  • Advocacy Groups Sue FDA for Menu Info Delay

    The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17­-1085 (D.D.C., filed…

  • Bob Marley’s Family Awarded $2.4 Million for Trademark Infringement

    The family of Bob Marley will receive more than $2.8 million in damages and unpaid royalties from Jammin Java Corp. in a trademark­-infringement suit. Fifty­Six Hope Rd. Music Ltd. v. Jammin Java, No. 16-­5810 (C.D. Cal., order entered May 30, 2017). The family’s companies, 56 Hope Road Music Ltd. and Hope Road Merchandising LLC, own…

  • Moose Munch Slack-­Fill Putative Class Action Dismissed

    A proposed slack-­fill class action against Harry & David LLC was dismissed after the parties voluntarily dismissed the action. Brown v. Harry & David LLC, No. 17-­0999 (S.D.N.Y., stipulation filed May 22, 2017). The stipulation did not explain the reason for dismissal but stipulated that it was dismissed “with prejudice against the Defendant.” The plaintiff…

  • Cheese Not “Natural” if Cows Given GMO Feeds, Consumer Alleges

    A consumer has filed a proposed class action alleging Sargento Foods misleadingly advertises its cheese products as “natural” despite containing genetically modified organisms (GMOs) or animal growth hormones. Stanton v. Sargento Foods, Inc., No. 17­-2881 (N.D. Cal., filed May 19, 2017). The plaintiff asserts that the cows providing milk for the production of Sargento cheeses…

  • Jury Finds for UC Davis in Strawberry IP Infringement

    A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16­-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-­breeding company, California Berry Cultivars, after retiring from…

  • Advocacy Groups Seek to Vacate FDA GRAS Rule

    Five public advocacy groups have filed suit against the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration (FDA) seeking to vacate FDA’s “Substances Generally Recognized as Safe” (GRAS) rule, which allegedly allows “potentially unsafe food additives to be used in the food supply (human and animal) without FDA review,…