Tag: California
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Trader Joe’s in Mislabeling, Trademark Disputes
A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…
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Challenge to Organic DHA Milk Preempted By OFPA
Ruling that the plaintiff’s claims are preempted by the Organic Foods Production Act (OFPA), a federal court in California has dismissed a putative class action alleging Danone North America’s Horizon Organic milk is not organic because it contains DHA. Brown v. Danone N. Am. LLC, No. 17-7325 (N.D. Cal., entered May 1, 2018). Noting that…
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Plaintiff Alleges Clif Bars “Dangerously” High in Added Sugar
Plaintiffs in California and New York have filed a putative class action alleging Clif Bar & Co. “omits, intentionally distracts from, and otherwise downplays” the “high added sugar content” of Clif Classic and Clif Kid bars. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed April 19, 2018). The complaint asserts that the…
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Jack Daniel’s Alleges Rival Infringed Trademarks, Trade Dress
The maker of Jack Daniel’s has filed suit against two Texas companies alleging they infringed the Tennessee whiskey’s trademark and trade dress by selling a line of whiskies in similarly shaped bottles with similar labeling. Jack Daniel’s Props., Inc., v. Dynasty Spirits, Inc., No. 18-2400 (N.D. Cal., filed April 20, 2018). The complaint alleges that…
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OEHHA Seeking Comments on Two Chemicals for Prop. 65
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is accepting public submissions of information relevant to the assessment of carcinogenicity of two chemicals—gentian violet and N-nitrohexamethyleneimine—that the agency is considering for inclusion on the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) list. Hazard identification materials for each of the…
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Several Claims Dismissed in Aspartame Case
A California federal court has dismissed a putative class action against Dr Pepper Snapple Group without prejudice, finding the plaintiff may be able to amend her complaint to “plausibly allege” that aspartame causes weight gain. Becerra v. Dr Pepper Snapple Grp., No. 17-5921 (N.D. Cal., entered March 30, 2018). Although the plaintiff is not required to…
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Olive Oil Maker Settles Class Action for $7 Million
The maker of Bertolli olive oil has agreed to pay $7 million to settle a class action alleging the company misrepresented the origin and quality of its products. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., motion filed April 3, 2018). Deoleo USA previously removed the contested phrase “Imported from Italy” from the challenged…
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Consumer Challenges Pabst’s Olympia Beer Source
A consumer has filed a putative class action alleging Pabst Brewing Company LLC’s Olympia beer labels falsely imply the product is brewed from artesian water in Washington despite being brewed in a facility in Los Angeles. Peacock v. Pabst Brewing Co. LLC, No. 18-0568 (E.D. Cal., filed March 15, 2018). The complaint alleges that although…