Category: State Courts
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Putative Class Actions Accuse Whole Foods and Breyers of “All Natural” Mislabeling
According to a putative class action removed to Arkansas federal court, Whole Foods mislabels several of its 365 Everyday Value brand products as “organic” or “all natural” despite containing synthetic ingredients. Stafford v. Whole Foods Market Cal., No. 14-420 (E.D. Ark., removed July 22, 2014). Originally filed in Arkansas state court in June, the complaint accuses…
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Scientist Sues Journal for Plan to Retract Golden Rice Study
Tufts University Senior Research Scientist Guangwen Tang has reportedly accused the American Society for Nutrition (ASN) of defaming her with its plan to retract her 2012 article—“β-carotene in Golden Rice is as good as p-carotene in oil at providing vitamin A to children”—for allegedly prob- lematic research protocols. Filing in Middlesex County Court, Tang has…
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State AGs Sue 5-Hour ENERGY® Makers for Deceptive Advertising
The state attorneys general (AGs) of Oregon, Vermont and Washington have reportedly filed separate lawsuits against Living Essentials and its parent Innovation Ventures seeking a permanent injunction to stop allegedly misleading and deceptive advertising for 5-hour ENERGY®. According to news sources, other state AGs are expected to bring similar action; some 30 have been investigating the…
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Hawaii County Not to Release Info on GM Papaya Growers
A Hawaii state court has reportedly ordered Hawaii County not to publicly disclose the identity and specific location of farms that grow genetically modified (GM) papayas. While the order apparently allows the county to maintain registration information under a December 2013 law that also prohibited open-air use and testing of GM crops, the court agreed…
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Environmental Groups Sue California, Petition EPA to Protect Bees
Environmental groups have brought actions in state court and before the U.S. Environmental Protection Agency (EPA) seeking action to halt the use of certain insecticides that they claim are linked to the collapse of bee colonies. In California, Pesticide Action Network North America and other groups call on the state Department of Pesticide Registration to…
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Whole Foods Agrees to Penalties for Overcharging Customers
Following a year-long investigation of Whole Foods Markets in California, state and county weights and measures inspectors found that it was charging more than advertised for a wide variety of food items; the company has reportedly agreed to pay nearly $800,000 in penalties and to conduct its business for the next five years under strict…
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Split New York High Court Says No to NYC’s Sugary Drink Size Limitations
In a 4-2 ruling with one judge not participating, New York’s highest court has affirmed lower court rulings invalidating a New York City Board of Health rule that would have limited the size of the containers in which sugary drinks are sold in certain venues. In re N.Y. Statewide Coal. of Hispanic Chambers of Commerce v.…
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Hot Sauce Nuisance Suit Dropped in California
According to a news source, the Irwindale City Council has decided to drop its public-nuisance declaration and lawsuit against Huy Fong Foods, the California-based company that makes the popular Sriracha hot sauce. Information about the dispute appears in Issue 520 of this Update. The company had asked for more time to address the odors emitted from…