Category: Uncategorized
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Barilla “Italy’s #1 Brand of Pasta” Lawsuit to Continue
A California federal court has denied a motion to dismiss a lawsuit alleging Barilla America Inc. misled consumers as to the source of its pasta products by marketing them as “Italy’s #1 Brand of Pasta.” Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., entered October 17, 2022). The court first held that the plaintiffs had…
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ASA Upholds Complaint Against BrewDog Ad
The U.K. Advertising Standards Authority (ASA) has upheld a complaint against BrewDog Beer for a print ad and an outdoor poster ad that displayed “F–k You CO2. Brewdog Beer Is Now Carbon Negative” with the dashes obscured by a can of beer. ASA found that the poster ad “had been placed in accordance with guidelines…
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“Farmstand” Tropicana Contains Malic Acid, Plaintiff Argues
Two consumers have filed a putative class action alleging that Tropicana misleads consumers by implying that its products are natural despite containing malic acid. Willard v. Tropicana Mfg. Co., No. 20-1501 (N.D. Ill., filed February 28, 2020). The complaint argues that Tropicana “tricks consumers” into buying products by “omitting the legally required disclosures” about artificial…
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Raw Chicken Contains Excess Water, Plaintiff Alleges
A consumer has filed a putative class action alleging that Trader Joe’s Co. sells raw poultry products that contain more retained water than indicated on the package. Webb v. Trader Joe’s Co., No. 19-1587 (S.D. Cal., removed August 23, 2019). The complaint alleges that the retained water in some packaged poultry was found to be…
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Qualified Health Claims for Omega-3s Allowed
The U.S. Food and Drug Administration (FDA) has announced that it will not object to claims that “consuming eicosapentaenoic acid (EPA) and docosahexaenoic (DHA) omega-3 fatty acids in food or dietary supplements may reduce the risk of hypertension and coronary heart disease.” FDA’s research on the claim included reviewing more than 700 studies and 22…
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Claims Cut From One Suit While Pret A Manger Faces Another
A New York federal court has dismissed allegations from a putative class action arguing that Pret A Manger Ltd. sold sandwich wraps with excess slack fill between the wrap’s halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., entered September 28, 2018). The court held that the plaintiffs lacked standing for an injunction…
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OEHHA Extends Comment Period on Intent to Add BPA to Prop. 65 List as Reproductive Toxin
At the request of several stakeholders, including GMA and the California Chamber of Commerce, California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period on its notice of intent to add bisphenol A (BPA) to the list of substances known to the state to cause reproductive toxicity. Submissions must now be…
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Wajert Published in Law360 on Legal Duties for Makers of Caffeinated Alcoholic Beverages
Shook Partner Sean Wajert has authored an article on the failure of a duty-to-warn claim in a case involving a caffeinated alcoholic beverage and a fatal motorcycle accident. Titled “No Duty to Warn for ‘Nonconventional’ Alcohol Beverages,” the article appeared in the June 27, 2012, issue of Law360. Wajert discusses the court’s dismissal of such…