Category: Litigation
-
Kombucha Maker Alleges Rival Products Gain Unfair Market Advantage
The maker of Kombucha Dog beverages has filed lawsuits against Trader Joe’s Co. and other kombucha producers alleging the companies misrepresent the amount of alcohol and sugar in their products and violate federal and state laws regulating the sale of alcohol beverages. Tortilla Factory, LLC v. Trader Joe’s Co., No. 18-2977; Tortilla Factory, LLC v.…
-
Panera Failed to Fix Data Breach, Lawsuit Alleges
Panera Bread Co. faces a putative class action alleging that a data breach exposed the personal data of thousands of customers to hackers, increasing their risk of fraud and identity theft. Boykin v. Panera Bread Co., No. 18-2461 (N.D. Ill., filed April 5, 2018). The complaint alleges that the company failed to protect the personally…
-
Putative Class Alleges Deceptive Labeling of Fruit and Vegetable Snack Bars
A consumer has filed a putative class action alleging That’s It Nutrition deceptively labels and advertises its snack bars’ ingredients by using collective names for the fruits and vegetables they contain. Medina v. That’s It Nutrition, LLC, No. 18-2022 (E.D.N.Y., filed April 4, 2018). The complaint alleges that That’s It fruit bar labels list generic…
-
Several Claims Dismissed in Aspartame Case
A California federal court has dismissed a putative class action against Dr Pepper Snapple Group without prejudice, finding the plaintiff may be able to amend her complaint to “plausibly allege” that aspartame causes weight gain. Becerra v. Dr Pepper Snapple Grp., No. 17-5921 (N.D. Cal., entered March 30, 2018). Although the plaintiff is not required to…
-
France Challenges Trademark Application for “Beardeaux” Wines
The French agency responsible for protecting the country’s agricultural appellations of origin has filed a notice of opposition to a California winery’s application for the trademark “Beardeaux,” arguing that the use would dilute the protected term “Bordeaux” used to designate wines from southwestern France. Institut National de l’Origine et de la Qualité v. Bear River…
-
“Heart-Check Mark” Misleads, Consumer Alleges
A consumer has filed a putative class action alleging StarKist Co. misleads consumers by displaying the American Heart Association’s Heart-Check Mark on its products. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., filed April 4, 2018). The complaint asserts, “Reasonable consumers see the Heart-Check Mark and mistakenly believe that a product with a Heart-Check Mark is…
-
Dairy Challenges FDA Skim Milk Labeling on First Amendment Grounds
A Maryland dairy has filed a First Amendment lawsuit challenging a U.S. Food and Drug Administration (FDA) regulation requiring skim milk without vitamins A and D added to be labeled “imitation.” S. Mountain Creamery, LLC v. FDA, No. 18-0738 (M.D. Pa., filed April 4, 2018). According to the complaint, South Mountain Creamery cannot selling its “all-natural, additive-free,…
-
Lawsuits Challenge Fruit Content in V8, Sunny Delight
Represented by the same attorneys, consumers have filed lawsuits alleging that two beverage companies misrepresent the amount of fruit in their fruit-flavored beverages. Campbell Soup Co. “sells artificially-flavored sugar-water labeled as if it were fruit juice,” the plaintiff in one lawsuit alleges. Sims v. Campbell Soup Co., No. 18-0668 (C.D. Cal., filed April 2, 2018).…