Tag: California
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Ninth Circuit Declines En Banc Review of Acrylamide Decision
The Ninth Circuit has denied the Council for Education and Research on Toxics’ petition for an en banc reconsideration of a March 2022 decision upholding a preliminary injunction on enforcing mandated warnings on products containing acrylamide under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Cal. Chamber of Com. v. Council…
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Court Tosses Claims that Formula’s ‘Milk-based’ Labeling Misled Consumers
A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the…
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Yogurt Maker Faces Suit for ‘Naturally French’ Labeling
A California consumer has filed a proposed class action against La Fermiere, alleging the yogurt maker misrepresented the origin of its products on its packaging. Manier v. La Fermiere Inc., No. 22-1894 (C.D. Cal., filed October 27, 2022). The plaintiff alleged she was misled by the product’s packaging into believing the yogurt she bought was…
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Court Dismisses Labeling Claims Against Baby Food Maker
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product…
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Evian ‘Carbon Neutral’ Claims Misleading, California Consumer Alleges
A California woman has filed a proposed class action against Danone Waters of America, alleging its Evian Natural Spring Water product packaging made misleading representations about being carbon neutral. Dorris v. Danone Waters of America, No. 22-8717 (S.D.N.Y., filed October 13, 2022). The plaintiff noted in her suit that the defendant represents on all versions…
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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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Whole Foods’ “No Antibiotics, Ever” Campaign Misled Consumers, Plaintiffs Allege
A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan…
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“Italy’s #1 Brand of Pasta” Misleads Consumers, Plaintiffs Allege
Two consumers have filed a putative class action alleging that Barilla America Inc. markets its pasta to incorrectly imply that the products are made in Italy. Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., filed June 11, 2022). The complaint asserts that consumers seek “authentic Italian-made pastas” because they “hold a certain prestige and [are]…