Food & Beverage Litigation & Regulatory Update

Category: State Courts

  • Teen’s Family Sues Amazon for Wrongful Death After Caffeine Overdose

    The estate of Logan Stiner, an Ohio teenager who died in May 2014 after ingesting pure caffeine powder purchased from Amazon, has filed a lawsuit against the online retailer and the companies that manufacture and market the powder. Stiner v. Amazon.com Inc., No. 15CV185837 (C.P. Lorain Cty., filed March 6, 2015). According to the complaint,…

  • Several Contaminated-Cantaloupe Cases Settled

    A Colorado state court has approved the settlements of several wrongful death and personal injury suits against 14 defendants—including Jensen Farms—stemming from the sale of cantaloupe tainted with Listeria that killed 33 people in 2011. Exley v. Jensen Farms, No. 2011-1891 (Colo. D.C., Arapahoe Cty., order entered March 5, 2015). The court dismissed 24 of…

  • Challenge to Restaurant’s “Gift” of Foie Gras Survives Anti-SLAPP Analysis

    A California appeals court has rejected a Napa restaurant’s attempt to circumvent the state’s foie gras ban by describing it as a gift for ordering another dish then arguing that a resulting suit brought by the Animal Legal Defense Fund (ALDF) seeking an injunction was merely a strategic lawsuit against public participation (SLAPP) in violation…

  • Labeling Dispute over “Milk Protein Concentrate” in Yogurt Dismissed

    A California appeals court has affirmed a lower court’s ruling dismissing a putative class action alleging that Safeway misbranded its Lucerne-brand of Greek yogurt because U.S. Food and Drug Administration (FDA) regulations prohibit the use of “milk protein concentrate” (MPC) in foods labeled as yogurt. Tamas v. Safeway, Inc., No. RIC1206341 (Cal. Ct. App., 4th…

  • UC Davis Settles Dispute with Strawberry Commission

    The University of California, Davis, and the California Strawberry Commission (CSC) have issued a joint press release announcing the settlement of CSC’s lawsuit and the university’s countersuit. CSC initially alleged that the university allowed two of its strawberry developers to leave its employment to privatize the cultivation process using money provided by CSC growers, and…

  • Groups Challenge California Pesticide-Spraying Plan

    Several organizations, including the Center for Biological Diversity, Environmental Working Group and Center for Food Safety as well as the city of Berkeley, California, have filed a lawsuit against the California Department of Food and Agriculture to contest the agency’s approval of a pest management plan that allows pesticide spraying on organic farms, schools and…

  • California Prosecutors Target Chocolate Bunnies for Deceptive Advertising

    District attorneys in California’s Yolo, Sacramento and San Joaquin counties have reportedly filed a lawsuit in state court alleging that R.F. Palmer Co. advertised its “Too Tall Bunny” product in violation of the unfair business practices, false advertising and unfair competition provisions of the California Business and Professions Code. The chocolatier apparently packaged the chocolate…

  • Supermarkets Sued over Fresh Bread Claims

    Three consumers have filed three separate putative class actions against Whole Foods Inc., Wegmans Food Markets Inc. and Acme Markets Inc. in New Jersey state court alleging that the grocery chains falsely represent their bread and bakery products as freshly made in-store. Mladenov v. Whole Foods, docket number unavailable (Super. Ct. N.J., Camden Cty., filed…