Tag: California
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Plaintiffs Allege Kombucha Drinks Contain More Sugar Than Advertised
A consumer has filed a putative class action alleging Health-Ade LLC’s kombucha contains four to five times the amount of sugar listed on its label. Gonzalez v. Health-Ade LLC, 28-1836 (N.D. Cal., filed March 23, 2018). The complaint alleges that the nutrition panels for nine of Health-Ade’s products state they contain from two to four grams…
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In-N-Out Burger Seeks Restraining Order Against YouTuber
In-N-Out Burger has reportedly requested a restraining order against a YouTube video creator who allegedly posed as the company’s CEO at two of its restaurants. The man allegedly argued with employees, demanded that kitchen employees prepare him food for a “taste test,” and took food out of a customer’s hand, threw it on the floor…
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Advocacy Groups Sue USDA For OLPP Withdrawal
The Center for Environmental Health, the Center for Food Safety, Cultivate Oregon, and the International Center for Technology Assessment have filed a complaint for declaratory and equitable relief against Secretary of Agriculture Sonny Perdue, alleging that the U.S. Department of Agriculture’s (USDA’s) withdrawal of the Organic Livestock and Poultry Practices rule (OLPP) violated both the Organic…
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Safeway Settles Olive Oil Labeling Class Action
A California state court has reportedly approved a class action settlement that will provide vouchers or cash to state residents who bought Safeway olive oil allegedly falsely labeled as “imported from Italy.” Kumar v. Safeway, No. RG14726707 (Cal. Super. Ct., entered March 16, 2018). The class alleged that Safeway labeled its olive oil as imported…
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Quaker Oats Wins Dismissal of Flavored-Oatmeal Litigation
A California federal court has dismissed with prejudice a putative consolidated class action alleging that Quaker Oats Co. falsely advertised its instant oatmeal as containing maple syrup, finding that the plaintiffs were unable to allege conduct not preempted by the federal Food, Drug and Cosmetic Act (FDCA). In re Quaker Oats Maple & Brown Sugar…
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Slack-Fill Complaint Filed Against Cookie Dough Bites Maker
A consumer has filed a putative class action alleging boxes of Cookie Dough Bites, made by Taste of Nature Inc., contain up to 58 percent slack fill. Gillespie v. Taste of Nature, Inc., No. 18-2105 (C.D. Cal., filed March 13, 2018). The complaint alleges that the candies are packed in a plastic pouch inside the…
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Salt-and-Vinegar Lawsuit Survives Motion to Dismiss
A California court has denied a motion to dismiss a putative class action alleging the label of Frito-Lay North America Inc.’s Lay’s salt-and-vinegar-flavored potato chips fails to specify whether the vinegar flavoring is natural or artificial. Allred v. Frito-Lay N. Am., Inc., No. 17-1345 (S.D. Cal., entered March 7, 2018). The plaintiff couple filed similar lawsuits…
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Court Denies Kellogg’s Motion to Dismiss Pringles Suit
A federal court in California has denied a motion to dismiss a putative class action alleging false advertising of Kellogg Co.’s Pringles Salt & Vinegar chips, finding the plaintiffs adequately pleaded all elements of the complaint, including reasonable customer confusion and claims under state consumer-protection laws. Allred v. Kellogg Co., No. 17-1354 (S.D. Cal., entered…