Tag: candy
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Blue Lollipops Allegedly Present Health Risks
A recent study targets the alleged health effects of two food and beverage dyes—Brilliant Blue (E133) and Patent Blue (E131)—after systemic absorption. Marianna Lucová, et al., “Absorption of triphenylmethane dyes Brilliant Blue and Patent Blue through intact skin, shaven skin and lingual mucosa from daily life products,” Food and Chemical Toxicology, February 2013. A particular…
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Nestlé’s Community Trademark for KitKat® Shape Upheld
According to a news source, the United Kingdom’s Community Trade Mark Office has determined that the shape of a KitKat® bar, which Nestlé registered as a community trademark in 2006, is valid, thus barring any other confectioners from selling products with a similar shape in the European Union. Nestlé competitor Cadbury makes a similar product and…
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MDL Court Certifies Class of Purchasers After Full-Blown Daubert Analysis
A multidistrict litigation (MDL) court that is considering pretrial matters in 91 consolidated antitrust lawsuits alleging that major chocolate manufacturers conspired to implement price increases from 2002 through 2007, has granted the direct-purchaser plaintiffs’ motion for class certification. In re Chocolate Confectionery Antitrust Litig., MDL No. 1935 (M.D. Pa., order entered December 7, 2012). The court…
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Claims Shaved from Consumer Fraud Suit Against Chocolate Company
A federal court in California recently granted in part and denied in part the Hershey Co.’s motion to dismiss putative class claims alleging that the chocolate maker violates consumer fraud laws by making unlawful nutrient content, “healthy” and antioxidant claims on product labels; failing to comply with chocolate product standards of identity or to use…
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NEJM Perspective Piece Targets “Candy at the Cash Register”
A recent perspective piece published in the New England Journal of Medicine has argued that “steps should be taken” to curb “spur-of-the moment, emotion-related purchases… triggered by seeing the product or a related message.” Deborah Cohen & Susan Babey, et al., “Candy at the Cash Register — A Risk Factor for Obesity and Chronic Disease,” NEJM,…
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Colorado City Imposes 3 Percent Tax on Candy and Soft Drinks
The City of Lakewood, Colorado, has reportedly adopted an ordinance that will subject soft drinks and candy to a 3 percent city sales tax. The tax code change was apparently considered and approved during the city council’s August 27, 2012, meeting. The ordinance is intended to align the city’s taxation of food with the state…
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Prop. 65 Proceedings Initiated Against Bay Area Candy Retailers
Claiming that lead levels in candies imported from China, Taiwan and Hong Kong exceed Proposition 65 (Prop. 65) limits, the Center for Environmental Health has reportedly initiated legal proceedings against eight retailers and distributors in San Francisco’s Bay Area. The organization has apparently urged the companies to remove the products from store shelves after testing…
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EU Court of Justice Confirms That Bunny Shape Cannot Be Registered as Trademark
The European Union (EU) Court of Justice has affirmed a General Court ruling that confectioner Lindt & Sprüngli, AG cannot register certain three-dimensional shapes, their colored wrappings or ribbons as European Community trademarks. Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Mkt. (Trademarks and Designs), Case No. C-98/11 P (E.C.J., decided May…