Category: Litigation
-
Lawsuit Alleges Kombucha Drinks Falsely Advertise Probiotic Content
A consumer has filed a putative class action alleging that Brew Dr. Kombucha misleadingly advertises its products as containing “billions” of probiotic bacteria. Bazer v. Brew Dr. Kombucha, No. 2018-2943 (Ill. Chancery Ct., Cook Cty., filed March 5, 2018). The plaintiff asserts that he bought several bottles of kombucha in different flavors because he heard…
-
Salt-and-Vinegar Lawsuit Survives Motion to Dismiss
A California court has denied a motion to dismiss a putative class action alleging the label of Frito-Lay North America Inc.’s Lay’s salt-and-vinegar-flavored potato chips fails to specify whether the vinegar flavoring is natural or artificial. Allred v. Frito-Lay N. Am., Inc., No. 17-1345 (S.D. Cal., entered March 7, 2018). The plaintiff couple filed similar lawsuits…
-
Court Denies Kellogg’s Motion to Dismiss Pringles Suit
A federal court in California has denied a motion to dismiss a putative class action alleging false advertising of Kellogg Co.’s Pringles Salt & Vinegar chips, finding the plaintiffs adequately pleaded all elements of the complaint, including reasonable customer confusion and claims under state consumer-protection laws. Allred v. Kellogg Co., No. 17-1354 (S.D. Cal., entered…
-
Court Dismisses Slack-Fill Suit Against Fannie May
An Illinois federal court has dismissed without prejudice a putative slack-fill class action against chocolatier Fannie May Confections Brands, Inc., ruling the plaintiffs provided only “bare-bones” factual allegations and failed to allege a violation of the Federal Food, Drug and Cosmetic Act that would allow their state law claims to avoid preemption. Benson v. Fannie…
-
TTAB Rules “White Sangriiia” Merely Descriptive
The Trademark Trial and Appeal Board (TTAB) has ruled that Pan American Properties Corp. cannot register “White Sangriiia” as a trademark because both terms, as well as their combination, are “merely descriptive.” In re Pan American Props., Corp., No. 86556214 (T.T.A.B., entered February 26, 2018). TTAB also rejected the company’s argument that the term was “fanciful…
-
EEOC Alleges Meat Processor Racially Discriminated
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging Chicago Meat Authority Inc. discriminated against African-Americans, resulting in multiple violations of U.S. civil rights statutes. U.S. Equal Opportunity Emp’t Comm’n v. Chicago Meat Authority, Inc., No. 18-1357 (N.D. Ill., filed February 22, 2018). EEOC alleges that the processor (i) failed to recruit…
-
Complaint Alleges Counterfeit Use of Kosher Certification Mark
Kosher Supervision Services Inc. (Kof-K) has filed a complaint alleging Original Gourmet Food Co. used the “Kof-K” kosher certification mark on its product without authorization, alleging the snack maker’s action was “intentional and willful use of a counterfeit of the Kof-K mark.” Kosher Supervision Servs. v. Original Gourmet Food Co., No. 18-2487 (D.N.J., filed February…
-
Court Refuses to Dismiss Contaminated Dog Food Complaint
A federal court in Washington will allow plaintiffs to amend a false advertising complaint alleging that their dogs became sick after eating pet food contaminated with pentobarbital, a drug used to euthanize animals. Mael v. Evanger’s Dog & Cat Food Co. Inc., No. 17-5469 (W.D. Wash., entered February 20, 2018). The complaint alleged that the…