Category: Litigation
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Vintner Alleges Colorado Wine Industry Development Fee is Illegal Tax
A vintner has filed a lawsuit alleging Colorado’s “wine development fee,” charged to wholesalers, is an unconstitutional excise tax. Vineland Corp. v. Colorado, No. 18-30199 (Colo. D.C., filed April 24, 2018). Since 1990, Colorado has imposed a 10-year renewable excise tax of one cent per liter on all vinous liquors sold in the state. In…
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Consumer Challenges Salt & Vinegar Flavor
Kellogg Co. faces a putative class action alleging its Salt & Vinegar Pringles are mislabeled as containing “No Artificial Flavors” because the nutrition label identifies two artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., filed April 20, 2018). The complaint asserts that although both sodium diacetate and malic acid can occur in nature, the sodium…
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Court Denies Dr Pepper’s Motion to Dismiss Ginger Ale Suit
A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging…
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Plaintiff Alleges Panera Salad Cause E. Coli Infection
A New Jersey woman has filed a lawsuit alleging Panera Bread Co. sold her salad greens contaminated with E. coli, causing her to develop hemolytic uremic syndrome after she consumed the meal. Fraser v. Freshway Foods, Inc., No. 18-7734 (D.N.J., filed April 16, 2018). Filed against Panera and its lettuce supplier Freshway Foods Inc., the…
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Mashed Potato Labels Are Misleading, Lawsuit Alleges
A consumer has filed a putative class action alleging the labels for Crystal Farms Refrigerated Distribution Co.’s Diner’s Choice mashed potatoes assert that the products are made with real butter and fresh whole potatoes while the products contain margarine and preservatives. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y., filed April 16, 2018).…
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Plaintiff Alleges Collective Terms in Ingredient List Mislead Consumers
A consumer has filed a putative class action alleging Trader Joe’s Co.’s two-ingredient fruit bars are deceptively labeled with collective terms such as “apples” on the ingredient list instead of the specific name for an apple-based ingredient. Jamison v. Trader Joe’s Co., No. 18-2216 (E.D.N.Y., filed April 14, 2018). The plaintiff asserts that the use…
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“Natural” Bai Beverages Contain Artificial D-Malic Acid, Plaintiff Alleges
Bai Brands faces a potential class action alleging that it labels its Bai fruit-flavored beverages as containing “natural” ingredients but fails to disclose the inclusion of artificial malic acid. Branca v. Bai Brands, LLC, No. 18-0757 (S.D. Cal., filed April 19, 2018). The plaintiff alleges that the ingredient list is misleading because it contains only…
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SSB-Tax Advocacy Groups Seek to Amend Washington Initiative
The American Heart Association, Childhood Obesity Prevention Coalition and Anti-Hunger and Nutrition Coalition have filed a lawsuit to appeal and amend the ballot title and summary of an initiative that would ban Washington’s local governments from levying new taxes on sugar-sweetened beverages (SSBs). In re Ballot Title & Summary for Initiative No. 1634, No. 18-2-01924-34 (Wash.…