Tag: California
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J.M Smucker Prevails on Class Certification Motion in Labeling Suit
A federal court in California has denied the motion to certify statewide monetary or injunctive relief classes in litigation alleging that J.M. Smucker’s labels for Uncrustables and Crisco Original and Butter Flavor Shortening products “mislead consumers into believing that they are healthful, when in reality they both contain trans fat and Uncrustables also contain high fructose…
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Injunctive Relief Class Certified in Twinings Tea “Antioxidants” Suit
A federal court in California has certified a statewide class of those who purchased Twinings North America’s green, black and white tea products labeled as a “Natural Source of Antioxidants.” Lanovaz v. Twinings N. Am., Inc., No. 12-2646 (N.D. Cal., order entered April 24, 2014). Details about a previous ruling narrowing the claims appear in…
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OEHHA Takes Action on Genistein and Warnings Revisions
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has determined that the evidence is insufficient to proceed with the Proposition 65 listing process for genistein, a constituent of soy infant formula. Under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) regulations, to identify the reproductive toxicity endpoint, “it is…
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Suit Against Safeway for Failure to Warn of Food Recalls May Proceed
A federal court in California has determined that a consumer case alleging that Safeway was negligent for failing to notify customers of food recalls may proceed. Hensley-MacLean v. Safeway, Inc., No. 11-01230 (N.D. Cal., order entered April 7, 2014). According to the court, Safeway failed to justify a post-sale exception to California’s negligence law, which…
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Court Allows “No Sugar Added” Claims to Proceed
A federal court in California has denied the motion to dismiss putative class claims that Mott’s LLP deceives consumers by placing “No Sugar Added” on its 100% Apple Juice label. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered April 8, 2014). Information about the court’s prior decision dismissing without prejudice most of the…
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ECJ Case Dismissed Following Notice of Pending FDA Review
A federal court in California has granted beverage manufacturer Santa Cruz’s motion to dismiss a putative class action alleging that the “evaporated cane juice” (ECJ) listed on its beverage labels is merely sugar, thus violating the Food and Drug Administration’s (FDA’s) required use of an ingredient’s “common or usual name.” Swearingen et al. v. Santa…
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City Council in California Declares Hot Sauce Operations a Public Nuisance
The Irwindale, California, City Council has reportedly voted 4-0 to declare that Huy Fong Foods, the maker of Sriracha hot sauce, is maintaining a public nuisance. If the council adopts an official resolution during its next meeting, the company will have some 90 days to mitigate the odor, blamed by local residents for their burning…
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OEHHA to Webcast Prop. 65 Warnings Workshop
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) will conduct a pre-regulatory public workshop on Proposition 65 (Prop. 65) warnings on April 14, 2014, in Sacramento. The event will be webcast. OEHHA Chief Counsel Carol Monahan-Cummings will discuss potential regulatory action, including clarifying questions and responses, discussion of proposed changes and public questions and…