Tag: California

  • Labeling Dispute over “Milk Protein Concentrate” in Yogurt Dismissed

    A California appeals court has affirmed a lower court’s ruling dismissing a putative class action alleging that Safeway misbranded its Lucerne-brand of Greek yogurt because U.S. Food and Drug Administration (FDA) regulations prohibit the use of “milk protein concentrate” (MPC) in foods labeled as yogurt. Tamas v. Safeway, Inc., No. RIC1206341 (Cal. Ct. App., 4th…

  • California Federal Court Dismisses 4-MEI Suit Against PepsiCo Inc.

    A California federal court has dismissed a lawsuit arguing that PepsiCo Inc. should provide medical monitoring for a class of Diet Pepsi or Pepsi One purchasers because the company does not warn consumers that 4-methylimidazole (4-MEI), a compound in caramel coloring, has allegedly been linked to potential health risks in rodent studies. Riva v. PepsiCo,…

  • Cal/EPA Launches New Effort to List Styrene Under Prop. 65

    The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced its intent to list styrene as a chemical known to the state to cause cancer under the authoritative bodies listing mechanism of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Styrene is used in the manufacture of…

  • Lawsuit Challenges Jim Beam’s “Handcrafted” Claim

    A consumer has filed a putative class action against Jim Beam Brands Co. and its owner Beam Suntory Import Co. alleging that the label indicating that the bourbon whiskey is “handcrafted” is misleading because the bourbon is produced with machines. Welk v. Beam Suntory Import Co., No. 15-328 (U.S. Dist. Ct., filed February 17, 2015).…

  • OEHHA Announces Meeting to Discuss BPA Listing Under Prop. 65

    The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a May 7, 2015, meeting of its Developmental and Reproductive Toxicant Identification Committee (DARTIC) to consider the addition of bisphenol A (BPA) to the list of chemicals known to the state to cause reproductive toxicity. Citing the availability of new epidemiological…

  • UC Davis Settles Dispute with Strawberry Commission

    The University of California, Davis, and the California Strawberry Commission (CSC) have issued a joint press release announcing the settlement of CSC’s lawsuit and the university’s countersuit. CSC initially alleged that the university allowed two of its strawberry developers to leave its employment to privatize the cultivation process using money provided by CSC growers, and…

  • Putative Class Action Alleges Damage to Guatemalan Environment by Chiquita Supplier

    A consumer has filed a proposed class action in California federal court alleging that Chiquita Brands, Inc. is responsible for the destructive practices of its “de facto subsidiary,” Cobigua, including the effects of its use of pesticides on the water supply of neighboring communities. Jablonowski v. Chiquita Brands, Inc., No. 15-262 (S.D. Cal., filed February…

  • California Lawsuit Alleges That P.F. Chang’s Surcharge on Gluten-Free Foods Violates ADA

    A consumer has filed a putative class action alleging the $1 surcharge that P.F. Chang’s imposes on its gluten-free menu items violates the Americans with Disabilities Act (ADA) by discriminating against those with celiac disease. Phillips v. P.F. Chang’s China Bistro, No. 15-344 (N.D. Cal., removed to federal court January 23, 2015). The complaint asserts that…