Category: U.S. Circuit Courts
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Proposed Class Action Challenges Alleged Slack-Fill in “Go-Paks”
A consumer has filed a putative class action against Mondelez International Inc. alleging the company’s “Go-Paks,” packages of “mini” or “bite” versions of Nabisco cookie and cracker products, contain more than 25 percent slack-fill in violation of California law. Bush v. Mondelez Int’l Inc., No. 16-2460 (N.D. Cal., filed May 5, 2016). The “Go-Paks,” including Mini…
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CSPI Targets Cheez-Its® in False Advertising Suit
A class of consumers in New York and California, represented by the Center for Science in the Public Interest (CSPI), has brought suit in the Eastern District of New York seeking restitution, actual and punitive damages, and injunctive relief against the Kellogg Co. for allegedly misbranding its Cheez-It® “Whole Grain” snack crackers. The complaint alleges…
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Court Refuses to Invalidate San Francisco SSB-Warning Law
A California federal court has denied the American Beverage Association’s (ABA’s) attempt to preliminarily enjoin the enforcement of a law requiring manufacturers of sugar-sweetened beverages (SSBs) to provide a warning about the alleged health risks associated with SSB consumption. Am. Beverage Ass’n v. City of San Francisco, No. 15-3415 (N.D. Cal., order entered May 17,…
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Former UC Davis Employees Sue Strawberry-Breeding Program
Two strawberry breeders formerly of the University of California, Davis have filed a lawsuit against the university targeting its strawberry-breeding program, which they argue is denying them the opportunity to license the breeds they helped cultivate. Cal. Berry Cultivars LLC v. Regents of U. of Cal., No. 16-2477 (N. Cal., removed to federal court May…
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Caribou Coffee Faces Alleged TCPA Violations
A consumer has filed a proposed class action against Caribou Coffee Co. Inc. arguing the company violated the Telephone Consumer Protection Act (TCPA) by sending her “numerous unsolicited SMS text messages.” Farnham v. Caribou Coffee Co. Inc., No. 16-0295 (W.D. Wis., filed May 5, 2016). The plaintiff asserts that Caribou sent her 50 text-message advertisements…
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Ninth Circuit Denies Rehearing of Costco “Natural” Water Suit
The Ninth Circuit Court of Appeals has affirmed a dismissal of a consumer lawsuit against Costco Wholesale Corp. alleging mislabeling claims against VitaRain Tropical Mango Vitamin Enhanced Water Beverage. Maple v. Costco Wholesale Corp., No. 13-36089 (9th Cir., order entered May 9, 2016). The plaintiff had alleged the product was mislabeled because the product contains…
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Pickled Cucumbers with Citric Acid Are Not Preservative-Free, Lawsuit Alleges
A consumer has filed a putative class action against Kimlan Foods U.S.A. alleging the company misrepresents its jarred preserved-food products as having “No Preservatives Added” despite containing citric acid. Hu v. Golden Orchid, Ltd., No. 16-2234 (E.D.N.Y., filed May 4, 2016). The plaintiff purchased a 14-ounce jar of pickled cucumbers at a supermarket in New…
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Fashion Co. Sues Former NFL Player for Use of “Ferragamo”
Salvatore Ferragamo S.p.A. has filed a lawsuit against Ferragamo Winery and Vince Ferragamo, a former Los Angeles Rams and Green Bay Packers quarterback, for trademark infringement and dilution of the “Ferragamo” mark. Salvatore Ferragamo S.P.A. v. Ferragamo Winery, No. 16-3313 (S.D.N.Y., filed May 4, 2016). The fashion company asserts that it owns two trademarks to…