Category: Litigation
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Nut Blend Contains Too Many Peanuts, Plaintiff Argues
A consumer has filed a lawsuit alleging that Star Snacks Co.’s Imperial Nuts Energy Blend “is deceptively marketed as containing mostly almonds, pecans and walnuts when in actuality is composed of more peanuts than all the other contents combined.” Andrews v. Star Snacks Co., No. 20-1357 (N.D. Ala., filed September 11, 2020). The plaintiff alleges…
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Plaintiff Challenges Oil Content in “All Butter Pound Cake”
A plaintiff has alleged that he was misled by the packaging on Sara Lee Frozen Bakery’s All Butter Pound Cake because he believed butter to be the only shortening ingredient when the cake actually contained soybean oil as well. Briley v. Sara Lee Frozen Bakery LLC, No. 20-7276 (S.D.N.Y., filed September 4, 2020). The complaint asserts,…
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Strawberry Pop-Tarts Contain Pears and Apples, Consumer Alleges
A consumer has filed a putative class action alleging that Kellogg Sales Co. misleads consumers by marketing its Frosted Strawberry Pop-Tarts as containing only strawberries in its filling to the exclusion of any other fruit content. Brown v. Kellogg Sales Co., No. 20-7283 (S.D.N.Y., filed September 5, 2020). “Consumers do not expect a food labeled…
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Trader Joe’s 12 Grain Crackers Contain Less Grain Than Expected, Plaintiff Argues
A plaintiff has filed a lawsuit asserting that Trader Joe’s misleads consumers by using “enriched flour” as the predominant ingredient in its 12 Grain Mini Snack Crackers. Rosenfeld v. Trader Joe’s Co., No. 20-3717 (E.D.N.Y., filed August 14, 2020). “The representations are misleading because the Product contains (1) a de minimis amount of the 12 grain…
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Consumer Challenges Smoked Gouda Preparation
A consumer has filed a putative class action alleging that Dietz & Watson’s smoked gouda is not prepared by smoking but rather by the addition of a smoke flavor. Watson v. Dietz & Watson Inc., No. 20-6550 (S.D.N.Y., filed August 17, 2020). “No reasonable consumer would be instinctively distrustful or skeptical of a product labeled ‘Smoked…
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Plaintiff Challenges “Clean” Panera Food
A consumer has filed a putative class action alleging that Panera Bread Co., or St. Louis Bread Co., markets its products as “100% clean” but sells products with ingredients “that are artificial, chemical, and/or synthetic preservatives, sweeteners, flavors, and colors.” Sally v. Panera Bread Co., No. 20-1068 (St. Louis Cir. Ct., filed August 13, 2020). The…
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“All Natural” Arizona Gummies Lawsuit to Continue
A New York federal court has trimmed claims in a lawsuit alleging that Arizona Beverages Co. and its parent company Hornell Brewing Co. Inc. misled consumers by labeling Arizona Fruit Snacks as “all natural” despite containing synthetic ingredients, including ascorbic acid, glucose syrup, citric acid, gelatin and dextrose. Silva v. Hornell Brewing Co. Inc., No.…
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TTAB Finds “Gruyere” Generic
The U.S. Trademark Trial and Appeal Board (TTAB) has determined that “gruyere” is a generic name for the type of cheese and cannot be registered as a certification mark. Int’l Dairy Foods Assn. v. Interprofession du Gruyère & Syndicat Interprofessionel du Gruyère, No. 91232427 (T.T.A.B., entered August 5, 2020). Swiss and French associations attempted to…