Category: Litigation
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Barilla Citric Acid Suit Partially Dismissed
An Illinois federal court has dismissed part of a lawsuit alleging that Barilla America Inc. misleads consumers about whether its sauce contains preservatives because it contains citric acid. Kubulius v. Barilla Am Inc., No. 19-6656 (N.D. Ill., E. Div., entered July 2, 2019). The court declined to apply Illinois law, finding that the plaintiff’s claim…
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RFK Jr. Group Sues Baby Food Co. for “Natural” Representation
Children’s Health Defense, an organization founded and chaired by Robert F. Kennedy, Jr., has filed a lawsuit alleging that Beech-Nut Nutrition Co. misrepresents its baby-food products as “100% natural” despite containing pesticide residues. Children’s Health Def. v. Beech-Nut Nutrition Co., No. 2019 CA 4475 (D.C. Super. Ct., filed July 8, 2019). The organization alleges that…
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Scotch Whisky Association Sues Distiller for “Highland” Use
The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described…
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Court Blames Bees in Manuka Honey Lawsuit Dismissal
A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe’s Co.’s “pure manuka honey” was “adulterated by the inclusion of cheaper honey.” Moore v. Trader Joe’s Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court’s decision notes a transcript from oral argument in which the plaintiff explained, “[T]here could…
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Tropicana Targeted in Malic Acid Lawsuit
A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as “natural” because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions…
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FDA to Designate High-Risk Foods Under Consent Decree
A California federal court has entered a consent decree compelling the U.S. Food and Drug Administration (FDA) to designate a list of high-risk foods as required by the Food Safety Modernization Act. Ctr. for Food Safety v. Azar, No. 18-6299 (N.D. Cal., entered June 7, 2019). The decree is the result of a lawsuit brought…
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Plaintiff Denied Class Certification for Third Time in Tropicana Suit
A New Jersey federal court has denied class certification to a plaintiff challenging Tropicana’s marketing representations of its juice as “pure” and “natural.” In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered June 19, 2019). The court first denied certification for a New York class because the plaintiff only purchased…
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Former LaCroix Employee Alleges Firing Stems from BPA Claims
A former vice president of National Beverage Corp. has alleged that he was fired because he objected to the company president’s intention to use cans lined with bisphenol A (BPA) while marketing its LaCroix products as natural and BPA-free. Dejewski v. Nat’l Beverage Corp., No. PAS-L-1802-19 (N.J. Super. Ct., Passaic Cty., filed June 6, 2019).…