Tag: California
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Class Action Stayed and Prop. 65 Action Settled in Pepsi 4-MEI Disputes
A California state court has approved the settlement agreement in a lawsuit brought by the Center for Environmental Health (CEH) alleging that PepsiCo Inc. products contain levels of 4-methylimidazole (4-MEI) that exceed the limits imposed by the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Ctr. for Envtl. Health v. Pepsi…
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Chipotle Fare Is Not GMO-Free, Purported Class Action Alleges
A California woman has filed a putative class action against Chipotle Mexican Grill Inc. alleging that, despite advertised claims to the contrary, the company’s restaurants do not serve food free of genetically modified organisms (GMOs). Gallagher v. Chipotle Mexican Grill Inc., No. 15-3952 (N.D. Cal., filed August 26, 2015). The complaint asserts that although the…
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Safeway to Pay $30 Million for Online Grocery Markup
A California federal court has determined that Safeway is liable for $30 million in damages for claims alleging that the company charged different prices for products sold online despite a contractual agreement that in-store and online prices would be the same. Rodman v. Safeway Inc., No. 11-3003 (N.D. Cal., order entered August 31, 2015). The…
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Challenge to Jim Beam® “Handcrafted” Label Dismissed
A California federal court has dismissed a putative class action alleging that Jim Beam Brands and Beam Suntory Import mislabel Jim Beam® bourbon bottles because the label calls the product “handcrafted” despite its machine-based manufacturing process. Welk v. Beam Suntory Imp. Co., No. 15-0328 (S.D. Cal., order entered August 21, 2015). The plaintiff had alleged…
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Costco Shrimp Farmed with Slave Labor, Proposed Class Action Alleges
A consumer has filed a putative class action against Costco Wholesale Corp. alleging that the company sells shrimp obtained with slave labor in Thailand. Sud v. Costco Wholesale Corp., No. 15-3783 (N.D. Cal., filed August 19, 2015). Citing documentaries and media reports, the complaint asserts that through its store brand, Kirkland, Costco has been selling…
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General Mills Trans Fat Case Stayed for FDA Guidance
A California federal court has granted a stay awaiting guidance from the U.S. Food and Drug Administration (FDA) in a putative class action alleging that General Mills uses partially hydrogenated vegetable oils, which contain trans fat, in its baking mixes. Backus v. Gen. Mills, Inc., No. 15-1964 (N.D. Cal., order entered August 18, 2015). After…
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Previous Trans Fat Litigation Proves Plaintiff’s Knowledge, Court Finds
After dismissing a portion of the claims in July 2015, a California federal court has dismissed the remaining claims in a lawsuit against Nissin Foods Co. Inc. alleging that the use of partially hydrogenated oil (PHO) violates California law. Guttmann v. Nissin Foods (U.S.A.) Co., Inc., No. 15-0567 (N.D. Cal., order entered August 14, 2015). The…
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California Legislation Would Label Food Irrigated with Water from Oil and Gas Field Activities
California Assembly Member Mike Gatto (D-Glendale) has introduced a bill (A.B. 14) that would require the labeling of food grown using recycled or treated water from oil and gas field activities. “No one expects their lettuce to contain heavy chemicals from fracking wastewater,” Gatto said. “Studies show a high possibility that recycled oil field wastewater…