Category: Litigation
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Trader Joe’s in Mislabeling, Trademark Disputes
A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…
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Plaintiff Alleges Hazelnut Coffee Lacks Front-of-Package Flavoring Disclosure
A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in…
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Employee Files Biometric Privacy Suit Against Beverage Retailer
Binny’s Beverage Depot faces a putative class action alleging the company violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and sharing employee biometric information without informed consent. Burger v. Gold Standard Enters., Inc., No. 2018CH05904 (Ill. Ch. Ct., Cook Cty., filed May 7, 2018). The plaintiff alleges that Binny’s established a fingerprint-based time-clock program and…
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Advocacy Groups Seek to Compel FDA Ruling on Food Additive Petition
Eight advocacy groups have filed a joint petition for a writ of mandamus to compel the U.S. Food and Drug Administration (FDA) to rule on a 2016 citizen petition seeking recission of approval for several artificial flavorings used in food that have been linked to cancer. Breast Cancer Prevention v. FDA, No. 18-71260 (9th Cir.,…
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Challenge to Organic DHA Milk Preempted By OFPA
Ruling that the plaintiff’s claims are preempted by the Organic Foods Production Act (OFPA), a federal court in California has dismissed a putative class action alleging Danone North America’s Horizon Organic milk is not organic because it contains DHA. Brown v. Danone N. Am. LLC, No. 17-7325 (N.D. Cal., entered May 1, 2018). Noting that…
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Plaintiff Claims E. Coli Infection From Red Lobster’s Romaine
An Arizona woman has sued Red Lobster Hospitality alleging that she contracted E. coli from eating a salad at a Red Lobster in Phoenix. Styles v. Red Lobster Hospitality, LLC, No. 18-1361 (D. Ariz., filed May 1, 2018). The plaintiff alleged she ate the salad, which contained romaine lettuce, on March 23, 2018, and became ill…
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Plaintiff Alleges Clif Bars “Dangerously” High in Added Sugar
Plaintiffs in California and New York have filed a putative class action alleging Clif Bar & Co. “omits, intentionally distracts from, and otherwise downplays” the “high added sugar content” of Clif Classic and Clif Kid bars. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed April 19, 2018). The complaint asserts that the…
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Jack Daniel’s Alleges Rival Infringed Trademarks, Trade Dress
The maker of Jack Daniel’s has filed suit against two Texas companies alleging they infringed the Tennessee whiskey’s trademark and trade dress by selling a line of whiskies in similarly shaped bottles with similar labeling. Jack Daniel’s Props., Inc., v. Dynasty Spirits, Inc., No. 18-2400 (N.D. Cal., filed April 20, 2018). The complaint alleges that…