Category: Litigation
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Halo Top Underfills Pints, Lawsuit Alleges
Two consumers have filed a putative class action alleging that Eden Creamery “underfills its ‘pints’ of ice cream”—“[d]ramatically so at times, and as a course of business.” Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, “Purchasers of the premium-priced ice cream simply have no idea how much ice…
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Plaintiff Drops “Real Ginger Ale” Suit Against Dr Pepper Snapple Group
A Missouri federal court has dismissed with prejudice a putative class action alleging Dr Pepper Snapple Group Inc. mislabels Canada Dry Ginger Ale because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered June 21, 2018). The court approved a stipulated voluntary dismissal filed by the named plaintiff. In April…
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Putative Class Action Challenges RXBAR Ingredients
A consumer has filed a lawsuit alleging that the packaging for Chicago Bar Co.’s RXBAR misleads consumers about the ingredients of the product. Pizzirusso v. Chicago Bar Co., No. 18-3529 (E.D.N.Y., filed June 15, 2018). RXBAR and RXBAR Kids products feature a list of ingredients on the front of the package—for example, the blueberry flavor’s packaging…
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Salmonella Outbreak Spurs Kellogg Lawsuit
A woman has filed a lawsuit alleging that she contracted Salmonella Mbandaka after consuming Kellogg Co.’s Honey Smacks cereal. Lemieux v. Kellogg Co., No. 18-0682 (W.D. Mich., filed June 20, 2018). The infection is apparently part of an outbreak of Salmonella that began in March 2018 that has infected 73 people in 31 states. The plaintiff alleges that after…
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Appeals Court Affirms Dismissal of Organic Baby Formula Suit
A California appeals court has affirmed the dismissal of a lawsuit alleging that infant formula was mislabeled because it contained synthetic ingredients, ruling that the plaintiff’s state law claim was preempted by the Organic Foods Production Act (OFPA). Organic Consumers Assoc. v. Honest Co. Inc., No. B280836 (Cal. App. Ct., entered June 12, 2018). The advocacy group…
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Advocacy Groups Sue FDA To Compel Decision on Food Additive Petition
Seven advocacy groups, including the Center for Science in the Public Interest, Natural Resources Defense Council and Center for Food Safety, have filed a petition for a writ of mandamus seeking to compel the U.S. Food and Drug Administration (FDA) to issue a decision on a 2015 petition asking FDA to withdraw its approval of…
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Court Dismisses Foodborne Illness Suit Against Chipotle
A federal court in Louisiana has dismissed with prejudice a lawsuit alleging that Chipotle Mexican Grill’s food caused the plaintiff to contract Helicobacter pylori, holding that the plaintiff had not pleaded “any semblance of a fact that causally connects [his] illness” with Chipotle. Gilyard v. Chipotle Mexican Grill Inc., No. 17-0441 (W.D. La., entered June 14, 2018). The…
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Court Upholds NYC Ban on Foodservice EPS
A state court has denied a petition to overturn a New York City ban on the use of expanded polystyrene foam (EPS) containers, finding the city’s determination “was a painstakingly studied decision and was in no way rendered arbitrarily or capriciously.” In re Application of Rest. Action All. v. City of New York, No. 100731/2015…