Food & Beverage Litigation & Regulatory Update

Category: State Courts

  • Kroger Targeted in Prop. 65 Lawsuit

    The Ecological Alliance has reportedly filed a lawsuit in California state court alleging The Kroger Co. failed to warn consumers about the presence of lead in several of its foods. Ecological Alliance LLC v. Kroger Co. (Cal. Super. Ct., Los Angeles Cty., no. and filing date unavailable). The complaint alleges that Kroger sells fifteen products that…

  • Appeals Court Affirms Dismissal of Foster Farms Animal Welfare Lawsuit

    A California appeals court has declined to revive a lawsuit alleging that packaging for Foster Poultry Farms Inc. products misleads consumers by featuring a certification that the animals are treated humanely. Leining v. Foster Poultry Farms Inc., No. B291600 (Cal. App. Ct., 2nd Dist., entered February 23, 2021). The plaintiff had alleged that she believed…

  • Family of Deceased Meatpacking Plant Worker Sues JBS for Alleged COVID-19 Negligence

    The estate of a meatpacking plant employee who died from a COVID-19 infection has sued JBS S.A. for negligence, wrongful death, misrepresentation and survival, alleging that the man’s death “was the predictable and preventable result of the JBS Defendants’ decisions to ignore worker safety.” Benjamin v. JBS S.A., No. 200500370 (Pa. C.P., Phila. Cty., filed…

  • Advocacy Group Sues Hemp Co. in Prop. 65 Complaint

    The Environmental Research Center has filed a lawsuit alleging that Manitoba Harvest USA LLC Corp.’s food products contain lead and cadmium levels exceeding the amounts permitted by California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Envtl. Research Ctr. Inc. v. Manitoba Harvest USA LLC Corp., No. RG19038961 (Cal. Super. Ct., Alameda Cty., filed…

  • Bombay Sapphire Contains Illegal Botanical, Complaint Alleges

    A consumer has filed a putative class action alleging that Bacardi U.S.A. Inc.’s Bombay Sapphire is made with grains of paradise, amounting to adulteration under Florida law. Marrache v. Bacardi U.S.A. Inc., Filing No. 93932678 (Fla. Cir. Ct., 11th Jud. Cir., filed August 9, 2019). The complaint cites a Florida statute deeming the inclusion of…

  • Ghirardelli, Russell Stover Settle With California DAs

    Ghirardelli and Russell Stover have agreed to pay $750,000 to settle allegations brought by the district attorneys of several California counties, according to a Yolo County press release. The California counties alleged that the chocolate companies “packaged certain chocolate products in oversized containers which can give consumers the misleading appearance that they are purchasing more…

  • “Natural” Marinade Contains Citric Acid, Canola Oil, Complaint Argues

    A consumer has filed a putative class action challenging La Lechonera Products Inc.’s “all natural” and “no preservatives” representations on its marinade packaging, alleging that the presence of citric acid and canola oil in the product preclude the company from making those marketing claims. Williams v. La Lechonera Prods. Inc., No. 2018-39361-CA-01 (Fla Cir. Ct.,…

  • Plaintiff Alleges LaCroix Contains Synthetic Ingredients

    A consumer has filed a putative class action alleging that several ingredients in LaCroix sparkling water, which is marketed as “always 100% natural,” are “non-natural flavorings and synthetic compounds.” Rice v. Nat’l Beverage Corp., No. 2018-CH-12302 (Ill. Cir. Ct., Cook Cty., filed October 1, 2018). The plaintiff alleges that the ingredients are synthetic and therefore…