Category: Litigation
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Clif Bar Added Sugar Suit to Continue
A California federal court has denied Clif Bar & Co.’s motion to dismiss a putative class action alleging that its Clif bars contain high levels of sugar but are misleadingly marketed as healthful. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., entered August 20, 2019). The court disagreed with Clif’s argument that the…
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Bombay Sapphire Contains Illegal Botanical, Complaint Alleges
A consumer has filed a putative class action alleging that Bacardi U.S.A. Inc.’s Bombay Sapphire is made with grains of paradise, amounting to adulteration under Florida law. Marrache v. Bacardi U.S.A. Inc., Filing No. 93932678 (Fla. Cir. Ct., 11th Jud. Cir., filed August 9, 2019). The complaint cites a Florida statute deeming the inclusion of…
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Honey Bunches of Oats Mislabeling Suit Dismissed
A Massachusetts federal court has dismissed a lawsuit alleging that Post Consumer Brands misleads consumers by implying that Honey Bunches of Oats is primarily sweetened with honey rather than sugar, brown sugar and corn syrup. Lima v. Post Consumer Brands LLC, No. 18-12100 (D. Mass., entered August 13, 2019). Post argued that “honey” describes “one…
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Crystal Farms Wins Dismissal of Butter Lawsuit
A New York federal court has granted Crystal Farms Refrigerated Distribution Co.’s motion to dismiss a putative class action alleging that the packaging of Diner’s Choice mashed potatoes misleads consumers by featuring “Made with Real Butter” on the front despite containing both butter and margarine. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y.,…
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Some Claims Dismissed in Pet Food Arsenic Case
An Illinois federal court has dismissed part of a putative class action alleging that Champion Petfoods USA Inc. sold foods for animals that contained elevated levels of several heavy metals—including arsenic, cadmium, mercury and lead—as well as bisphenol A (BPA), pentobarbital, “non-regional and non-fresh ingredients, or unnatural or other ingredients that do not conform to…
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Heinz Asserts Trademark on “Poppers” as Appetizers
H.J. Heinz Co. has filed a trademark infringement suit alleging Real Good Food Co. created and sold frozen appetizers described as “Poppers,” which Heinz argues it owns the rights to for “frozen appetizers consisting primarily of vegetables, pork and/or cheese, not including shrimp.” H.J. Heinz Co. Brands LLC v. Real Good Food Co., No. 19-0915…
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Stoney Patch Infringes Trade Dress, Alleges Sour Patch Maker
Mondelez Canada Inc. has filed a lawsuit in California federal court alleging Stoney Patch cannabis-infused gummies infringe the trademark and trade dress of Sour Patch gummy candies. Mondelez Canada Inc. v. Stoney Patch, No. 19-6245 (C.D. Cal., W. Div., filed July 19, 2019). Stoney Patch candies, which contain tetrahydrocannabinol (THC), and Sour Patch Kids are…
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Tofurky Co. Challenges Arkansas Meat Law
Turtle Island Foods, which does business as The Tofurky Co., has filed a civil-rights action alleging an Arkansas law that “prohibits purveyors of plant- or cell-based meats from using the words ‘meat’ and related terms like ‘beef,’ ‘pork,’ ‘roast,’ and ‘sausage’” is “a restriction on commercial speech that prevents companies from sharing truthful and non-misleading…