Tag: California
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Quaker Oats Maple Suit Transferred to California
A New Jersey federal court has transferred to California a lawsuit alleging that The Quaker Oats Co. misleads consumers with the packaging of its Maple & Brown Sugar oatmeal product because it does not contain maple syrup or maple sugar. Gates v. Quaker Oats Co., No. 16-1944 (D.N.J., order entered August 3, 2016). The complaint…
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WLF Files Amicus Brief Urging Ninth Circuit to Strike San Francisco SSB Warning Law
The Washington Legal Foundation (WLF) has filed an amicus brief with the Ninth Circuit Court of Appeals arguing the court should enjoin a San Francisco statute requiring advertisements of sugar-sweetened beverages (SSBs) to disclose health warnings related to their consumption. Am. Beverage Assoc. v. City of San Francisco, Nos. 16-16072 and 16-16073 (9th Cir., amicus…
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Olive Oil False Ad Class Certified
A California federal court has granted certification to a class of consumers alleging that Salov North America Corp., maker of Filippo Berio olive oil, misleads consumers by labeling its oil as “Imported from Italy” even though most of the oil is produced in Tunisia, Greece and Spain. Kumar v. Salov N. Am. Corp., No. 14-2411…
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OEHHA Proposes Extension of Emergency Measure Governing BPA Disclosure
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed initiating a regular rulemaking process to extend until December 30, 2017, an emergency measure that allows retailers to use standard point-of-sale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations,…
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Court Dismisses One of Nine Claims in Safeway Tuna Slack-Fill Case
A California federal court has dismissed a claim of negligent misrepresentation in a lawsuit alleging that Safeway Inc. underfilled its tuna cans by 10 to 20 percent, according to testing conducted by the U.S. National Oceanic and Atmospheric Administration. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order entered July 13, 2016). Details about…
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Court Grants Summary Judgment in “Pur Pom” Trademark Lawsuit
A California federal court has granted summary judgment to Pom Wonderful LLC in its trademark lawsuit against Pur Beverages Inc., which sells a pomegranate-flavored beverage under the name “Pur Pom.” Pom Wonderful LLC v. Hubbard, No. 13-6917 (C.D. Cal., order entered June 29, 2016). Pom filed a lawsuit alleging infringement of the “pom” mark, and Pur…
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Settlement in Pepsi 4-MEI Suit Preliminarily Approved
A California federal court has granted preliminary approval for a settlement agreement in a lawsuit alleging PepsiCo products contain levels of 4-Methylimidazole (4-MEI) exceeding the legally permissible amount under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v. PepsiCo Inc., No. 14-0478 (N.D. Cal., order entered June 28, 2016).…
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Julia Child’s Estate Files Publicity Suit Against Airbnb
The Julia Child Foundation for Gastronomy and the Culinary Arts has filed a lawsuit against Airbnb Inc. alleging the home-sharing company used Child’s name and likeness without permission in an advertised promotion. Julia Child Found. For Gastronomy & Culinary Arts v. Airbnb Inc., No. 16-2626 (Cal. Super. Ct., Santa Barbara Cty., filed June 22, 2016).…