Food & Beverage Litigation & Regulatory Update

Tag: California

  • FDCA Preempts Underfilled Tuna Claims, Court Holds

    A California federal court has granted a motion to dismiss a consolidated proposed class action alleging Trader Joe’s underfilled its five-­ounce cans of tuna, holding the plaintiffs’ claims are preempted by the Federal Food, Drug and Cosmetic Act (FDCA). In re Trader Joe’s Tuna Litig., No. 16-­1371 (C.D. Cal., order entered June 2, 2017). The…

  • 5-­Hour Energy® Plaintiffs Denied Class Certification

    A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5­-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-­Hour Energy Mktg. and Sales Practices Litig., No. 13-­2438 (C.D. Cal., order entered June 7, 2017).…

  • OEHHA Hearing on Lead Levels In Candy Rescheduled for July 2017

    California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that a public hearing on “naturally occurring” lead levels in chili or tamarind candy has been rescheduled for July 6, 2017. Comments on the petition may be submitted by email or in writing by July 20, 2017.   Issue 637

  • Bob Marley’s Family Awarded $2.4 Million for Trademark Infringement

    The family of Bob Marley will receive more than $2.8 million in damages and unpaid royalties from Jammin Java Corp. in a trademark­-infringement suit. Fifty­Six Hope Rd. Music Ltd. v. Jammin Java, No. 16-­5810 (C.D. Cal., order entered May 30, 2017). The family’s companies, 56 Hope Road Music Ltd. and Hope Road Merchandising LLC, own…

  • Cheese Not “Natural” if Cows Given GMO Feeds, Consumer Alleges

    A consumer has filed a proposed class action alleging Sargento Foods misleadingly advertises its cheese products as “natural” despite containing genetically modified organisms (GMOs) or animal growth hormones. Stanton v. Sargento Foods, Inc., No. 17­-2881 (N.D. Cal., filed May 19, 2017). The plaintiff asserts that the cows providing milk for the production of Sargento cheeses…

  • Jury Finds for UC Davis in Strawberry IP Infringement

    A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16­-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-­breeding company, California Berry Cultivars, after retiring from…

  • California Growers Sue to Stop Imports of Argentine Lemons

    A group of California citrus growers has sued the U.S. Department of Agriculture seeking to stop implementation of a new rule that would lift the ban on importation of lemons from Argentina, claiming the rule violates both “sound science and good public policy.” U.S. Citrus Sci. Council v. USDA, No. 17­-0680 (E.D. Cal., filed May…

  • Truffle Oil False Labeling Suits Filed

    Two proposed class actions have been filed in California claiming false labeling of truffle­-flavored olive oil. Schiffman v. Urbani Truffles, No. 17­-935 (E.D. Cal., filed May 3, 2017); Quiroz v. Sabatino Truffles, No. 17­-783 (C.D. Cal., filed May 3, 2017). The plaintiffs argue that the olive oil producers add 2,4 ­dithiapentane to flavor their products…