Category: Litigation
-
Plaintiff Cites Consumer Reports and Prop. 65 in Fruit Juice Arsenic Lawsuit
A consumer has filed a putative class action alleging that Welch Foods Inc.’s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California’s Safe Drinking Water and Toxic Enforcement…
-
EU High Court Affirms BPA as “Substance of Very High Concern”
The General Court of the European Union has confirmed that bisphenol A (BPA) is a substance of very high concern under the EU’s REACH Regulation. PlasticsEurope, which represents four companies that sell BPA-related materials, challenged the categorization. The organization argued that the listing should exclude intermediate uses of BPA, including as an on-site isolated intermediate…
-
Consumer Alleges Vanilla in Friendly’s Ice Cream is Artificial
Friendly’s Manufacturing and Retail markets its ice-cream products as “flavored exclusively from vanilla beans” but uses artificial flavors in at least 57 products, including cakes, cartons, cones, bars and sandwiches, according to a consumer’s putative class action. Charles v. Friendly’s Mfg. & Retail LLC, No. 19-6571 (S.D.N.Y., filed July 15, 2019). The complaint asserts that…
-
Cereal Misleads on Primary Sweetener, Plaintiff Alleges
A consumer has filed a putative class action alleging that Post Consumer Brands’ Honey Bunches of Oats is misleadingly named because the cereals are sweetened primarily by “sugar, corn syrup, and other refined substances, and contain only miniscule amounts of honey.” Tucker v. Post Consumer Brands LLC, No. 19-3993 (N.D. Cal., filed July 11, 2019).…
-
Malic Acid Challenged in Laffy Taffy, Nerds
A plaintiff has alleged that Ferrara Candy Co. misleads consumers by labeling its candies as containing no artificial flavors while including malic acid as an ingredient. Gruber v. Ferrara Candy Co., No. 19-4700 (N.D. Ill., E. Div., filed July 12, 2019). The complaint echoes other putative class actions alleging that the “malic acid” listed as…
-
TTAB Refuses to Register “Scoop” for Ice Cream
The U.S. Trademark Trial and Appeal Board (TTAB) has affirmed the denial of Yarnell Ice Cream LLC’s application to register a trademark on a mascot named “Scoop.” In re Yarnell Ice Cream, LLC, No. 86824279 (TTAB, entered July 9, 2019). The examining attorney rejected the application, finding “scoop” to be merely descriptive, and the appeals…
-
Vegan Food Co. Challenges Mississippi Meat Law
Upton’s Naturals Co. has filed a lawsuit challenging Mississippi’s law prohibiting the use of “meat” to describe products that are not derived from animals. Upton’s Naturals Co. v. Bryant, No. 19-0462 (S.D. Miss., filed July 1, 2019). Upton’s, which makes “vegan burgers,” “vegan bacon” and “vegan chorizo,” argues that the law is a “content-based regulation…
-
OCA Alleges Twinings Misleads with “Pure” Claims
The Organic Consumers Association (OCA) has alleged that Twinings North America Inc. misleads consumers by representing its tea products as “pure” and “natural” despite containing traces of pesticides. Organic Consumers Ass’n v. Twinings N. Am. Inc., No. 2019 CA 4412 (D.C. Super. Ct., filed July 5, 2019). The advocacy group alleges that “[t]ests conducted by…