Tag: California
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Jelly Belly ECJ Suit Limited to Monetary Damages
A California federal court has limited relief to monetary damages in a lawsuit alleging that Jelly Belly Candy Co. misleads consumers into believing its Sport Beans do not contain sugar because the term “evaporated cane juice” (ECJ) appears on the label instead. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., entered August 18,…
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Kellogg’s Breakfast Cereals Sugar Lawsuit to Proceed
A California federal court will allow to proceed a suit alleging that Kellogg’s breakfast cereals and bars are unhealthy because of excess added sugars, finding that the labeling and packaging of 24 named products “contain at least one statement that is not preempted, non-misleading or puffery as a matter of law.” Hadley v. Kellogg Sales…
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Two Classes Certified in Olive Oil Lawsuit
A California federal court has certified two classes alleging that Deoleo USA Inc., importer of Bertolli and Carapelli olive oils, misleadingly labeled its products as “extra virgin” and “imported from Italy.” Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., entered August 24, 2017). Details on the court’s denial of a motion to dismiss appear…
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California Farmer Sues to Block Coastal Land-Use Plan Intended to Encourage Family Farms
A former turkey farmer has filed a lawsuit against Marin County, California, alleging that a land-use ordinance intended to encourage multigenerational housing on family farms places an unconstitutional burden on landowners by requiring them to farm “in perpetuity.” Benedetti v. County of Marin (Cal. Super. Ct., Marin County, filed July 14, 2017). In May 2017,…
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Plaintiff Files Class Action Claiming Organic Candy Contains No Real Fruit
A California plaintiff has filed a lawsuit alleging the Organic Candy Factory’s peach, boysenberry, blackberry and raspberry gummy candies contain “substitute flavors” rather than real fruit. Arabian v. Organic Candy Factory, No. 17-5410 (C.D. Cal., filed July 21, 2017). The plaintiff asserts that the company markets its gummy bears and gummy-filled chocolate as containing “nothing…
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Putative Class Action Challenges Blueberry and Maple Flavorings
A California consumer has filed a putative class action against Dunkin’ Brands Group alleging that Dunkin’ Donuts deceived customers into believing its blueberry and maple products contained “real” blueberries and maple syrup or sugar instead of artificial flavorings. Babaian v. Dunkin’ Brands Grp., No. 17-4890 (C.D. Cal., filed July 3, 2017). The plaintiff contends that…
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Plaintiff Claims Legal Malpractice in Product Liability Suit Against Townsend Farms
A California man has filed a legal malpractice claim against lawyers who allegedly failed to represent him adequately in his suit against fruit processor Townsend Farms, in which he claimed he contracted hepatitis A after eating the company’s Organic Antioxidant Blend. Durrell v. Taylor, Sullivan & Mondorf, No. BC667419 (Cal. Sup. Ct., Los Angeles Cty.,…
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Lawsuit Claims Blue Buffalo Dog Food Contains Lead
Blue Buffalo Pet Products faces a proposed class action alleging that three of its dog-food products contain unsafe levels of lead despite being advertised as “healthy” and “holistic.” Zakinov v. Blue Buffalo Pet Products, No. 17-1301 (S.D. Cal., filed June 26, 2017). The plaintiff, who asserts that his four-year-old dog died from kidney disease after eating…