Category: State Courts
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New Jersey Court Dismisses Salt Lawsuit Against Denny’s
According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of…
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Fast Food Companies Sued in Connecticut for PhIP in Chicken Meals
Connecticut residents have filed a putative class action in state court against several fast food companies alleging that they violated consumer protection laws by selling grilled chicken products containing a carcinogenic chemical without providing warnings. Delio v. McDonald’s Corp., No. __ (Conn. Super. Ct., Hartford Cty., filed October 21, 2009). They seek to represent a…
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Workplace Exposure Claims Against Diacetyl Makers Dismissed
An Ohio appeals court has dismissed negligence, product liability, fraudulent concealment, and civil conspiracy claims filed against companies that supplied diacetyl to a flavoring company that employed two workers who allegedly contracted bronchiolitis obliterans, a debilitating lung disease, from exposure to the butter-flavoring chemical. Doane v. Givaudan Flavors Corp., No. C-080928 (Ohio Ct. App., decided…
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CSPI Sues Quorn Foods over Alleged Allergic Reaction to Meat Substitute
The Center for Science in the Public Interest (CSPI) has filed a putative class-action lawsuit in a Connecticut court on behalf of an Arizona woman who allegedly had a severe allergic reaction from eating artificial chicken patties made with a Quorn Foods, Inc. fungus. Cardinale v. Quorn Foods, Inc., No. __ (Conn. Super. Ct., filed…
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Vegetarian Group Sues KFC Under Prop. 65 for Carcinogen in Grilled Chicken
The Physicians Committee for Responsible Medicine (PCRM) has sued KFC Corp. and its parent Yum! Brands, Inc. in a California court, alleging that they have failed to comply with Proposition 65 (Prop. 65) by selling grilled chicken without warning consumers that it contains a substance, PhIP, known to the state to cause cancer. PCRM v. KFC…
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False Advertising Claims Briefly Made Against Juicy Juice® Maker
A putative class action was reportedly filed in a California state court against Nestlé, alleging that the company falsely advertises its “Juicy Juice Brain Development Fruit Juice” as a product that will improve toddlers’ brain function. Plaintiff Alexis Farmer, who then dismissed the complaint without prejudice several days later, reportedly claimed that she purchased the…
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California Court Rules Against Insurer over Losses from Spinach Contamination Outbreak
A California trial court has determined that the insurer of the nation’s largest seller of bagged fresh spinach must pay for its losses from the 2006 nationwide E. coli outbreak that led to a Food and Drug Administration (FDA) advisory against eating any fresh spinach. Fresh Express, Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. M88545…
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Illinois AG Sues Makers of Açai Berry Products for Fraud
Illinois Attorney General Lisa Madigan has filed lawsuits against companies that make, market or supply açai berry products, touted as weight loss dietary supplements, charging that they are scamming consumers with aggressive marketing campaigns, prematurely billing their credit cards, not always supplying the product ordered, and making it nearly impossible to cancel once a “free…