Tag: grocery
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Court Dismisses Claims Against Costco over VitaRain® Beverages
A federal court in Washington has dismissed the second amended consumer fraud complaint filed against Costco Wholesale Corp. concerning its VitaRain® Enhanced Water Beverage; while the court dismissed the complaint without leave to amend, it did not dismiss it with prejudice. Maple v. Costco Wholesale Corp., No. 12-5166 (E.D. Wash., order entered November 1, 2013).…
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Mondelēz to Launch “Smart Shelves” in 2015
Mondelēz International reportedly intends to introduce “smart shelves” whose sensors first identify the age and gender of grocery shoppers and then deliver targeted ads via video display. “Knowing that a consumer is showing interest in the product gives us the opportunity to engage with them in real-time,” Mondelēz CIO Mark Dajani said in a recent…
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Claims Pared in Consumer Fraud Suits Against Wallaby Yogurt and Trader Joe’s
A federal court in California has dismissed certain claims, with leave to amend, in putative class litigation challenging various aspects of labels for Wallaby Yogurt Co. and Trader Joe’s Co. food products; it has refused to abstain from deciding the matters under the primary jurisdiction doctrine. Morgan v. Wallaby Yogurt Co., Inc., No. 13-296, Gitson…
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No Reasonable Consumer Would Be Fooled by Butter Spread Labels, Court Rules
A California appeals court has affirmed the dismissal with prejudice of a putative class action alleging that Kroger Corp. misled consumers by failing to comply with federal and state law requirements for labeling its Challenge® spreadable butter products. Simpson v. The Kroger Corp., No. B242405 (Cal. App. Ct., decided September 25, 2013). The court found…
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Safeway Sued for Using Preservative in “100% Natural” Products
A California resident has filed a putative class action on behalf of statewide and nationwide classes alleging that Safeway, Inc. labels and promotes its Open Nature waffle products as “100% Natural” while using the synthetic chemical preservative, alternatively referred to as sodium acid pyrophosphate and disodium dihydrogen pyrophosphate, as an ingredient. Richards v. Safeway, Inc., No.…
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California Claims Pet Products at Whole Foods Violate Pesticide Limits
California’s pesticide regulator has reportedly filed a petition against Whole Foods alleging that several of its pet products, including cat litter and dog and cat flea spray, contain pesticides that have not been registered with the state. Cal. Dep’t of Pesticide Registration v. Whole Foods Mkt. Cal., Inc., No. 2013-00150499 (Cal. Super. Ct., Sacramento Cty.,…
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Claims Narrowed in VitaRain® Beverage Litigation
A federal court in Washington has dismissed without prejudice a number of claims in a putative class action alleging that the producer and seller of a vitamin water product misled consumers by failing to disclose that the product contains caffeine or its relative amount and falsely represents that the product is a “natural tonic” and…
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Advocacy Groups Urge Retailers to Consider Placement and Advertising of “Sugar” Drinks
The Center for Science in the Public Interest (CSPI), other advocacy groups and local public health officials have sent letters to the CEOs of supermarkets and pharmacies urging them to “encourage customers to purchase healthier, no- and low-calorie drinks in place of higher calorie sugar drinks to improve customers’ health, as well as boost [their]…