Tag: California
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As You Sow Threatens Prop. 65 Litigation Against Soylent
Environmental group As You Sow has filed a 60-day notice of intent to sue the manufacturer of Soylent, a food substitute product, for alleged failure to warn that the powder contains lead and cadmium exceeding levels considered safe under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). The product at issue is…
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Plaintiff in Bigelow Class Action Cannot Obtain Profit Information
A California federal court has denied a plaintiff’s attempt to obtain Bigelow’s financial records in a putative class action alleging that the company mislabeled its tea. Khasin v. R.C. Bigelow Inc., No. 12-2204 (N.D. Cal., order entered August 12, 2015). The plaintiff argued that the records would help him calculate what portion of the profits…
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Tuna Companies Accused of Price Fixing in Supermarket Cooperative’s Lawsuit
Bumble Bee Foods, Starkist Co. and Thai Union Frozen Products have been fixing tuna prices since 2011, according to a putative class action brought by Olean Wholesale Grocery Cooperative, Inc. Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, No. 15-1714 (S.D. Cal., filed August 3, 2015). The complaint notes that while tuna consumption has…
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Red Stripe® Misrepresented as Jamaican Beer, Projected Class Action Alleges
Two consumers have filed a lawsuit against Diageo PLC alleging that Red Stripe® is falsely marketed as Jamaican because it has been brewed and bottled in Latrobe, Pennsylvania, since 2012. Dumas v. Diageo PLC, No. 15-1681 (S.D. Cal., filed July 29, 2015). Red Stripe® packaging “boldly states that it is a ‘Jamaican Style Lager’ that…
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Ninth Circuit Upholds Dismissal of Challenge to Shark Fin Law
The Ninth Circuit Court of Appeals has affirmed a lower court’s ruling dismissing a challenge to California’s law criminalizing the sale or distribution of shark fin. Chinatown Neighborhood Ass’n v. Harris, No. 14-15781 (9th Cir., order entered July 27, 2015). The plaintiffs, two groups representing Asian-Americans who seek to serve shark-fin soup, a traditional Chinese…
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California to Update MADL for Lead
In response to a petition for administrative rulemaking filed by the Center for Environmental Health, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced its intention to update the existing maximum allowable dose level (MADL) for lead. The agency will post a notice for hearing on the petition on October…
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San Francisco SSB Statute Violates First Amendment, Industry Lawsuit Argues
The American Beverage Association (ABA) has partnered with California retail and advertising associations to challenge San Francisco ordinances requiring warning labels on sugar-sweetened beverage (SSB) advertisements and prohibiting advertisements of such products on city property. Am. Beverage Ass’n v. City of San Francisco, No. 15-3415 (N.D. Cal., filed July 24, 2015). ABA argues that the ordinances…
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California Court Dismisses Labeling Claims from Cup Noodles® Trans Fat Dispute
A California federal court has dismissed claims challenging the trans fats labeling of Nissin Foods Co. Inc.’s Cup Noodles® but allowed to continue allegations 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 July 15, 2015). The plaintiff challenged the…