Food & Beverage Litigation & Regulatory Update

Category: State Courts

  • Julia Child’s Estate Files Publicity Suit Against Airbnb

    The Julia Child Foundation for Gastronomy and the Culinary Arts has filed a lawsuit against Airbnb Inc. alleging the home-sharing company used Child’s name and likeness without permission in an advertised promotion. Julia Child Found. For Gastronomy & Culinary Arts v. Airbnb Inc., No. 16-2626 (Cal. Super. Ct., Santa Barbara Cty., filed June 22, 2016).…

  • California Court Certifies Olive Oil Source, “Extra Virgin” Grade Mislabeling Suit

    A California state court has certified a class challenging the source and grade of Safeway Inc.’s olive-oil products, which are labeled as “extra virgin” and “Imported from Italy” despite being manufactured from olives grown and pressed outside that country. Kumar v. Safeway Inc., No. RG14726707 (Cal. Super. Ct., Alameda Cty., order entered May 24, 2016).…

  • New York Court Vacates Stay on Salt-Labeling Menu Rule

    A New York appeals court has reportedly vacated a February 2016 order that stayed enforcement of New York City’s regulation requiring chain restaurants with more than 15 locations to post warning icons on menus next to items with more than 2,300 milligrams of sodium. The ruling allows enforcement to begin on June 6, 2016, with…

  • Oregon Court Strikes Down GMO Crops Ban

    An Oregon state court has invalidated a local ban on cultivating genetically modified organisms (GMOs), holding that the ordinance contradicts state law preventing local anti-GMO rules. White v. Josephine Cty., No. 15-23592 (Ore. Cir. Ct., Josephine Cty., order entered May 16, 2016). The plaintiff challenged the law after he rented land within Josephine County then…

  • Lawsuit Challenges Buy-One, Get-One Deal at Grocers

    Consumers have filed a putative class action against Albertson’s Inc. and Safeway Inc. alleging the companies raise prices on meat during “buy one get one free” (BOGO) deals, resulting in consumers “actually paying for the meat that is sold as ‘free’ in these special sales.” Stewart v. Albertson’s Inc., No. 16-15125 (Ore. Cir. Ct., Multnomah…

  • Organic Consumers Association Challenges “Organic” Infant Formula Claims

    The Organic Consumers Association (OCA) has filed lawsuits against The Hain Celestial Group, Inc. and The Honest Co., Inc. alleging the companies’ “organic” infant formula products contain multiple substances prohibited for use in organic food by the U.S. Department of Agriculture (USDA). Organic Consumers Assoc. v. Hain Celestial Grp., Inc., No. 16-2533 (D.C. Super. Ct.,…

  • Appeals Court Affirms Dismissal of Libel Claim Against TV Station for D’Lites Report

    A New York state appellate court has affirmed a lower court’s ruling dismissing a lawsuit against a local Fox TV station that investigated and reported on the allegedly false health claims of D’Lites ice cream in two stores. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. App. Div., 1st Dept., order entered March 8,…

  • Wisconsin Supreme Court Rules for Workers in Hormel Don-Doff Class Action

    The Wisconsin Supreme Court has ruled that a class of manufacturing-plant workers at Hormel Food Corp. should be paid for the time they need to change into and out of their required clothes and equipment. United Food & Commercial Workers Union, Local 1473 v. Hormel Food. Corp., No. 2014-AP-1880 (Wis., order entered March 1, 2016).…