Tag: Massachusetts
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Utz Settles “Natural” Class Action for $1.25 Million
Utz Quality Foods Inc. has agreed to pay $1.25 million to settle a putative class action alleging that some products were labeled “natural” despite containing genetically modified organisms (GMOs) and synthetic ingredients. DiFrancesco v. Utz Quality Foods, Inc., 14-14744 (D. Mass., settlement agreement filed December 6, 2017). The complaint alleged the snacks contained GMO grains…
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Court Dismisses Conagra Wesson Oil Lawsuit
A Massachusetts federal court has dismissed a putative class action against Conagra Brands that alleged the company’s Wesson cooking oil was not “100% natural” because it is extracted from grains grown from genetically modified organisms (GMOs), ruling the plaintiff had failed to state a claim upon which relief could be granted. Lee v. Conagra Brands,…
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Proposed SSB Tax Withdrawn in Mass.
A Massachusetts house bill proposing a one- and two-cent tax per fluid ounce of sugar-sweetened beverages (SSBs) has been withdrawn during a state budget hearing. The tax would have applied to SSBs containing more than five grams of sugar but excluded 100-percent juice, milk substitutes, infant formula and beverages for medicinal use. Although sponsor Kay…
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Dunkin’ Donuts Franchises Settle Fake Butter Suits
Twenty-three Dunkin’ Donuts franchise locations in Massachusetts have reached a tentative settlement with a plaintiff who claimed the stores served him “margarine or a butter substitute” on his bagels despite his request for butter. Polanik v. Boston Hill Donuts, LLC, No. 17-84914 (Suffolk Cty. Superior Ct., settlement agreement filed March 24, 2017); Polanik v. CM&R…
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“Codfather” Pleads Guilty in Fish Falsification Case
The owner of one of the largest commercial fishing businesses in the United States has pleaded guilty to conspiracy, falsifying federal records, cash smuggling and tax evasion in a case accusing him of deliberately misreporting the types of fish he caught to the National Oceanic and Atmospheric Administration (NOAA). U.S. v. Rafael, No. 16-10124 (D.…
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Rebate Moots “All Natural” Putative Class Action
A Massachusetts federal court has dismissed a lawsuit alleging ACH Food Companies Inc. mislabeled its Weber® barbecue sauce as “All Natural” despite containing caramel coloring, finding that a $75 rebate rendered the case moot. Demmler v. ACH Food Cos. Inc., No. 15-13556 (D. Mass., order entered June 9, 2016). Details about the complaint appear in…
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Proposed “All Natural” Class Action Filed Against Weber® BBQ Sauce Maker
A Massachusetts consumer has filed a putative class action against ACH Food Companies, Inc., manufacturer of Weber® BBQ Sauces, alleging the company misleadingly markets its products as “All Natural” despite containing caramel coloring. Demmler v. ACH Food Cos., Inc., No. 15-13556 (D. Mass., filed October 13, 2015). The complaint asserts that under Massachusetts and federal…
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Alcohol Company Challenges Malibu Rum Version of “Dark ‘N Stormy”
Gosling Brothers Ltd. has filed a complaint against Pernod Ricard USA, maker of Malibu Island Spiced Rum®, alleging that a recipe on the Malibu website violates Gosling’s “Dark ‘N Stormy” trademarks. Gosling Bros. Ltd. v. Pernod Ricard USA, No. 15-13360 (D. Mass., filed September 15, 2015). Gosling holds five trademarks for “Dark ‘N Stormy” in…