Tag: Florida
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Frito-Lay Bean Dip Targeted in “All Natural” Lawsuit
A Florida resident has filed a putative statewide class action alleging that Frito-Lay falsely labels its snacks, including “Bean Dip products,” as “ALL NATURAL” despite the use of ingredients—particularly soy—containing genetically modified organisms (GMOs). Altman v. Frito-Lay N. Am., Inc., No. 12-61803 (S.D. Fla., filed September 13, 2012). The gist of the complaint is that…
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Florida Court Dismisses Claims That Honey Sold at Target Isn’t Honey
While a federal court in Florida has dismissed a putative class action alleging that Target Corp. violates consumer fraud laws by selling honey that does not conform to the state’s honey standard, it gave the plaintiff leave to amend the complaint and also found that (i) the plaintiff had standing to bring the claims, (ii)…
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Court Refuses FTC Request to Modify Definition of “Reliable Scientific Evidence”
A federal court in Florida has denied the Federal Trade Commission’s (FTC’s) request that it modify a stipulated final order resolving a 2006 dispute with Garden of Life, Inc. over purportedly unsubstantiated representations that its products could treat a range of serious diseases and their symptoms. FTC v. Garden of Life, Inc., No. 06-80226 (S.D.…
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Frito-Lay Sued for Failure to Disclose GMO Ingredients in Snack Foods
A Florida resident has filed a complaint on behalf of a nationwide class of consumers against Frito-Lay, alleging that it sells the company’s snack foods, such as Tostitos® chips, Sunchips® and bean dip, as “All Natural” without disclosing that they contain genetically modified organisms (GMOs). Foust v. Frito-Lay N. Am., Inc., No. 12-21975 (S.D. Fla., filed…
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Another Putative Class Action Filed Against Tropicana for “Natural” Juice Claims
A Pennsylvania resident has filed a putative class action in a Florida federal court seeking to represent Florida and multistate classes of consumers allegedly misled by claims that Tropicana orange juice products are “pure” and “natural.” Pederson v. PepsiCo, No. 12-00104 (M.D. Fla., filed January 18, 2012). Similar to lawsuits already filed in New Jersey and…
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Class Definition in Yo-Plus® Litigation Redefined on Remand
A federal court in Florida has redefined a plaintiffs’ class in deceptive advertising litigation against the company that claims its Yo-Plus® yogurt provides digestive health benefits. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., order entered December 2, 2011). While the Eleventh Circuit Court of Appeals upheld the class certification decision, it remanded the…
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“Percent Fat Free” Litigation Against Deli Meat Makers Dismissed in Florida
A federal court in Florida has dismissed with prejudice most of the claims asserted in a putative class action alleging that “percent fat free” labels on the packages of deli meats are misleading and deceptive. Kuenzig v. Kraft Foods, Inc., No. 11-838 (Tampa Div., decided September 12, 2011). Additional information about the case appears in Issue…
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Florida EVOO Lawsuits Dismissed for Inadequate Pleading
Two putative class actions alleging that companies making and selling extra virgin olive oil (EVOO) sell their products at a premium despite their failure to meet certain EVOO standards have been dismissed by a federal court in Florida because the plaintiffs did not adequately plead their claims under Bell Atlantic Corp. v. Twombly, 550 U.S. 544…