Category: State Courts
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Proposed “All Natural” Class Action Targets Pepsi’s Pure Leaf® Iced Tea
A consumer has filed a putative class action against Unilever U.S., PepsiCo and the Pepsi Lipton Tea Partnership alleging that their line of Pure Leaf® Iced Teas are misleadingly labeled as “All Natural” and preservative-free because they contain citric acid, a synthetic ingredient. Ren v. Unilever U.S., Inc., No. 156463/2015 (N.Y. Sup. Ct., filed June…
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Consumer Group Alleges Lead Content in T.J. Maxx Balsamic Vinegar Violates Prop. 65
Consumer Advocacy Group, Inc. has filed a lawsuit against T.J. Maxx, its parent company and its food supplier alleging that they failed to provide a warning of lead content in a raspberry balsamic vinegar product in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), the California law that requires…
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Busch® Beer Not A “Product of U.S.A.,” Suit Alleges
Two consumers have filed a putative class action against Anheuser-Busch in California state court alleging that the company misuses the “Product of U.S.A.” claim on Busch® beer cans because the product is brewed with imported hops. Nixon v. Anheuser-Busch Cos., LLC, No. 15-544985 (Cal. Super. Ct., San Francisco Cty., filed March 27, 2015). The complaint…
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Townsend Farms and Costco Sued over Hepatitis Outbreak
The estate and survivors of an 89-year-old woman who died after eating imported pomegranate seeds linked to a Hepatitis A outbreak have filed a wrongful death lawsuit against Townsend Farms Inc., Costco Wholesale Corp. and others alleging strict liability for a product defect, negligence and breach of implied warranties. Schelitzche v. Townsend Farms Inc., No.…
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Wrongful Death Suit Alleges Quorn® Mycoprotein Caused Fatal Allergy Reaction
The parents of an 11-year-old boy who died in 2013 have filed a wrongful death lawsuit against Quorn Foods, Inc. and several distributors alleging that the mycoprotein in a Quorn® Turk’y Burger caused their son to go into anaphylactic shock, which resulted in his death. Bengco v. Quorn Foods, Inc., No. BC576522 (Cal. Super. Ct., C.D.…
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Putative Class Action Filed Against “Just Mayo”
A Florida consumer has filed a proposed class action against Hampton Creek, maker of vegan spread “Just Mayo,” in Florida state court alleging that the product is falsely labeled and advertised because it does not contain eggs. Davis v. Hampton Creek Inc., No. 2015-5993-CA (Fla. 11th Jud. Cir. Ct., filed March 13, 2015). The complaint…
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Putative Class Action Alleges Low-Cost Wines Contain “Dangerously High” Arsenic Levels
Citing independent product tests, four consumers seeking to represent a class have filed a lawsuit in California state court alleging that dozens of wineries in the state manufacture and sell wine that contains as much as five times the maximum safe daily limit of arsenic. Charles v. The Wine Grp., Inc., No. BC576061 (Cal. Super.…
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Prop. 65 Lead Testing Can Use Average Exposures, Appeals Court Confirms
A California appeals court has affirmed a lower court’s ruling against plaintiff Environmental Law Foundation (ELF), which alleged that the products of Beech-Nut Nutrition Corp. and other food manufacturers, distributors and retailers contained sufficient amounts of lead to trigger warnings required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65).…