Tag: Florida
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Plaintiff Class Alleges POM Wonderful® Will Not Keep Consumers Young Forever
A putative class action has been filed against the maker of POM Wonderful® pomegranate (PWP) juice in a Florida state court, alleging that the company is misleading consumers by marketing its product “as having special health benefits, including but not limited to, the prevention, mitigation, and or treatment of the following: (a) atherosclerosis; (b) Blood…
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Federal Court Certifies Class Action Against Yogurt Maker
A federal court has certified class claims against General Mills alleging that the company’s advertising for its premium-priced Yo-Plus® yogurt violates the Florida Deceptive and Unfair Trade Practices Act because the product does not provide any digestive health benefits that cannot be obtained from eating normal yogurt. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla.,…
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Federal Court Refuses to Recognize $97 Million Nicaraguan Judgment in Pesticide Exposure Litigation
A federal court in Florida has refused to enforce a $97 million judgment obtained in a Nicaraguan court by 150 banana plantation workers who alleged that exposure to the pesticide DBCP caused their sterility. Osorio v. Dole Food Co., No. 07-22693 (S.D. Fla., decided October 20, 2009). The plaintiffs sought to enforce the award under…
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Probiotic Yogurt Plaintiff Seek Class Certification in Florida Court
A woman who alleges that General Mills, Inc. deceives the public by claiming its Yo-Plus® probiotic yogurt is beneficial for human digestion has filed a motion for class certification in a federal court in Florida. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed August 4, 2009). More information about the litigation appears in…
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Class Action Filed in Florida over Yogurt Claims
A Florida resident has filed a putative class action lawsuit against General Mills, Inc., in federal court, alleging that its claims about Yo-Plus® yogurt violate the state’s deceptive and unfair trade practices law and constitute a breach of express warranty. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed March 17, 2009). Seeking to…