Tag: California
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California Supreme Court Allows Challenge to “Organic” Herbs
The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous…
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San Francisco Board of Supervisors Repeals SSB Ad Ban on City Property
The San Francisco Board of Supervisors has reportedly voted to repeal an ordinance prohibiting advertisements for sugar-sweetened beverages (SSBs) on city property in light of the U.S. Supreme Court ruling in Reed v. Town of Gilbert, Ariz., that struck down a comparable initiative restricting advertising on public property. The ordinance was one of three passed…
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Proposed Class Action Challenges Whole Foods Kombucha
Two consumers have filed a putative class action alleging that two lines of kombucha manufactured by Millennium Products and sold by Whole Foods Market contain several defects, including levels of alcohol higher than the label represents and packaging inadequate to properly accommodate the product’s secondary fermentation. Pedro v. Millennium Prods., Inc., No. 15-5253 (N.D. Cal.,…
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Plaintiff in Multiple Trans Fat Lawsuits Cannot Claim Lack of Subject Knowledge, Court Finds
A California federal court has granted a motion to dismiss claims that La Tapatia Tortilleria mislabels its food as containing no trans fats despite containing partially hydrogenated oil (PHO) based on the finding that the plaintiff cannot claim he relied on the product packaging because he is the plaintiff in several similar lawsuits, showing he…
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Fruit and Vegetable Photos Not Misleading to Reasonable Consumer, Court Holds
A California federal court has dismissed a proposed class action against Plum Organics alleging that large photos of fruits and vegetables on the company’s Mighty 4® Children’s Food product packaging mislead consumers into believing the products contain significant amounts of those fruits and vegetables. Workman v. Plum Inc., No. 15-2568 (N.D. Cal., filed November 2,…
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Sales Data Deemed Inadmissible Hearsay in Gerber Litigation
A California federal court has remanded a putative class action against Gerber Products Co. on the labeling of its Gerber® Graduates® Puffs to state court and declined to admit sales data into evidence on hearsay grounds. Gyorke-Takatri v. Nestle USA, Inc., No. 15-3702 (N.D. Cal., order entered November 6, 2015). The plaintiffs allege Gerber misleads…
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Proposed Class Action Against Safeway Challenges Slack Fill in Tuna Cans
A California consumer has filed a putative class action against Safeway Inc. alleging the grocery retailer’s tuna cans are under-filled by 10 to 20 percent based on federally mandated fill standards. Soto v. Safeway Inc., No. 15-5078 (N.D. Cal., filed November 5, 2015). The plaintiff contends that U.S. National Oceanic and Atmospheric Administration (NOAA) testing…
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Animal Legal Defense Fund Sues USDA for Undue Delay in Foie Gras Petition Response
The Animal Legal Defense Fund (ALDF) has filed a lawsuit against the U.S. Department of Agriculture (USDA) alleging a violation of the Administrative Procedure Act (APA) based on USDA’s lack of response to ALDF’s 2011 rulemaking petition requesting mandatory labeling on foie gras produced through the forced feeding of ducks or geese. Animal Legal Def.…