Tag: New Jersey
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“Freshly Baked” Bread Lawsuit Dismissed Against Supermarkets
A New Jersey federal court has dismissed putative class actions against Whole Foods Market Group Inc., Wegmans Food Markets Inc. and Acme Markets Inc. alleging that they misrepresented their bread products as “freshly baked” or “baked in-store” despite actually being frozen, processed or baked elsewhere. Mladenov v. Wegmans Food Mkts. Inc., No. 15-0373 (D.N.J., order…
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Skinnygirl® Plaintiffs Denied Class Certification
A New Jersey federal court has again denied class certification to a trio of women suing Beam Global Spirits & Wine for allegedly misrepresenting Skinnygirl® Margaritas as using “only natural ingredients” despite containing sodium benzoate. Stewart v. Beam Global Spirits & Wine, Inc., No. 11-5149 (D.N.J., order entered June 8, 2015). Details about the court’s…
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Plaintiffs Challenging Gerber’s Probiotic Health Claims Must Provide Medical Records
A New Jersey federal court has granted Gerber’s motion to compel discovery of medical records in a consumer putative class action alleging that the company misrepresented its probiotic formula as capable of improving infant immune systems. In re Gerber Probiotic Sales Practices Litig., No. 12-835 (D.N.J., order entered April 10, 2015). Gerber requested medical records…
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Supermarkets Sued over Fresh Bread Claims
Three consumers have filed three separate putative class actions against Whole Foods Inc., Wegmans Food Markets Inc. and Acme Markets Inc. in New Jersey state court alleging that the grocery chains falsely represent their bread and bakery products as freshly made in-store. Mladenov v. Whole Foods, docket number unavailable (Super. Ct. N.J., Camden Cty., filed…
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Unilever Drops False Ad Claims Against “Just Mayo”
Hellmann’s producer Unilever has filed a notice of voluntary dismissal in a case alleging that Hampton Creek’s plant-based mayonnaise substitute, “Just Mayo,” could not call itself mayo because it contains no eggs as required by U.S. Food and Drug Administration standards for the product. Conopco Inc. v. Hampton Creek Inc., No. 14-6856 (D.N.J., notice filed December…
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Breyers “All Natural” Putative Class Action Dropped
A putative class action alleging that Conopco Inc., a subsidiary of Unilever United States, mislabeled Breyers ice cream as “all natural” has been voluntarily dismissed with prejudice. Jefferson v. Conopco, No. L-7025-14 (Super. Ct. N.J., Bergen Cty., stipulation of voluntary dismissal filed December 1, 2014). The plaintiff alleged that Breyers’ use of cocoa processed with…
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New Jersey Suit Joins Others Challenging “Handmade” Vodka Label
According to a news source, New Jersey residents have filed a putative class action in state court against the Texas-based company that makes Tito’s Handmade Vodka®, the fourth such action filed within the past two months, alleging that promoting and labeling the product as “handmade” deceives consumers because the vodka is made in an industrial…
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FTC Seeks to Enjoin Gerber Claims About Infant Formula and Allergies
The U.S. Federal Trade Commission (FTC) has filed a complaint in a New Jersey federal court against Gerber Products Co., alleging that since 2011 the company has falsely promoted its Good Start Gentle infant formula as a product that can prevent or reduce the risk of a child developing allergies. FTC v. Gerber Prods. Co.,…