Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Wisconsin Butter Ban Violates Constitutional Rights, Lawsuit Alleges

    An Ohio company has filed a lawsuit alleging Wisconsin’s ban on sales of ungraded butter violates the Commerce Clause, due process, equal protection and free speech. Minerva Dairy, Inc. v. Brancel, No. 17­299 (W.D. Wis., filed April 20, 2017). In early 2017, Wisconsin began enforcing a 1954 law requiring all butter sold in the state…

  • Court Denies Environmental Groups’ Intervention in Seafood Traceability Case

    A federal court has ruled that three environmental groups lack standing to intervene in a lawsuit to block implementation of the Seafood Import Monitoring Program. Alfa Int’l Seafood v. Ross, No. 17­0031 (D.D.C., order entered April 17, 2017). The court held that the Natural Resources Defense Council, Oceana and the Center for Biological Diversity failed…

  • Torchy’s Tacos Sues Competitor for Infringement of “Damn Good Tacos”

    Texas chain Torchy’s Tacos, which uses the tagline “Damn Good Tacos” in its restaurants and merchandising, has filed suit against Colorado restaurant Dam Good Tacos for trademark infringement, claiming consumer confusion. Success Foods Mgmt. Group, LLC v. Dam Good Systems, LLC, No. 17­0842 (D. Colo., filed April 5, 2017). Asserting that it registered the “Damn…

  • Kerrygold Files Trademark Suit Against Wisconsin Maker of Irishgold Butter

    The Irish distributor of Kerrygold butter won an emergency restraining order against a Wisconsin creamery after alleging the creamery backed out of an agreement to process Kerrygold locally and later created its own nearly identical product, “Irishgold,” infringing Kerrygold’s trademark. Ornua Foods N. Am., Inc. v. Eurogold USA LLC, No. 17­0510 (E.D. Wis., filed April…

  • Asahi Facing False-Source Putative Class Action

    A consumer has filed a projected class action alleging Asahi Beer U.S.A., Inc. misleads customers into believing that Asahi Super Dry beer is made in Japan despite being produced in Canada. Panvini v. Asahi Beer U.S.A., Inc., No. 17-­1896 (N.D. Cal., filed April 5, 2017). The plaintiff claims that although most of the Asahi Dry…

  • TTAB Refuses Trademark Registration for La Finca Wines

    The Trademark Trial and Appeal Board (TTAB) has affirmed a refusal by the U.S. Patent and Trademark Office (USPTO) to register a trademark for La Finca wines on the grounds that the winemaker failed to show evidence that the brand has acquired distinctiveness. In re Finca La Celia, S.A., No. 86130560 (opinion issued March 31,…

  • Court Tentatively Approves $8.25­ Million Settlement in Whole Foods Kombucha Class Action

    A federal court in California has given preliminary approval to a proposed $8.25-­million settlement of a class action claiming that kombucha tea products manufactured by Millennium Products, Inc. and sold at Whole Foods were mislabeled. Retta v. Millennium Products, No. 15-­1801 (C.D. Cal., order entered January 31, 2017). The plaintiffs claimed that the kombucha labels…

  • Plaintiffs Claim Wise Foods Underfilled Potato Chip Bags

    Wise Foods, Inc. is facing a projected class action claiming the company’s potato chip bags have more than double the amount of slack fill as its major competitors’ bags. Alce v. Wise Foods, Inc., No. 17­-2402 (S.D.N.Y., filed April 3, 2017). The plaintiffs claim that bags of 21 varieties of Wise’s Potato Chips, Kettle Cooked…