Tag: New Jersey
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Court Dismisses Claims About Inaccurate Calorie Counts
A federal court has dismissed without prejudice the first amended complaint filed in a putative class action alleging that Weight Watchers International misleads consumers by misrepresenting the number of calories in its line of diet ice cream bars. Burke v. Weight Watchers Int’l, Inc., No. 12-6742 (D.N.J., decided October 17, 2013). While the court held…
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Who Is the Most Interesting Man in the World®?
The Mexican brewer that makes Dos Equis® beer and has advertised it with a distinctive campaign since 2007 has brought a trademark and copyright infringement lawsuit against a New Jersey-based company and its president for an advertising campaign that allegedly mimics the brewer’s “Most Interesting Man in the World®” ads. Cervezas Cuauhtémoc Moctezuma, S.A. de…
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Class Charges Soup Maker and AHA with Deceptive Scheme
A New Jersey resident has filed a putative nationwide class action against the Campbell Soup Co. and American Heart Association (AHA) claiming that the “Heart-Check Mark” which AHA allows Campbell to place on more than 30 varieties of its canned soups in exchange for a fee misleads consumers into believing that these products meet AHA’s…
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JPML Denies MDL Transfer in Capatriti Olive Oil and Kashi Foods Cases
The Judicial Panel on Multidistrict Litigation (JPML) has denied transfer to a multidistrict litigation (MDL) court of consumer-fraud lawsuits involving Capatriti brand “100% Pure Olive Oil” made by Kangadis Food Inc. d/b/a The Gourmet Factory and numerous snack, cereal, protein bar, and frozen entrée products made by the Kashi Co. In re Capatriti Brand Olive…
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Beer Maker Inundated with Product Dilution Claims
Putative class actions have been filed against the Anheuser-Busch Cos. (AB) in federal courts in California, New Jersey and Pennsylvania, alleging that “consumers receive watered down beer containing less alcohol than is stated on the labels of AB’s products.” Giampaoli v. Anheuser-Busch Cos., LLC, No. 13-0828 (N.D. Cal., filed February 22, 2013); Wilson v. Anheuser-Busch Cos.,…
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BPA Ban Proposed in New Jersey
Joining the nearly dozen states that have enacted laws to restrict bisphenol A (BPA) in food packaging—particularly with respect to children’s food and beverage containers—New Jersey lawmakers have introduced a bill that would make it illegal to sell or distribute food and beverage containers intended for use by young children that contain the chemical. The bill…
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Lawsuits in Illinois and New Jersey Challenge Subway “Footlong” Claims
As consumers around the world have begun posting images online of their Subway “footlong” sandwiches with rulers showing that the restaurant’s offerings are actually 11 or 11.5 inches in length, several have taken their claims to court. Buren v. Doctor’s Assocs., Inc., No. 13 498 (N.D. Ill., filed January 22, 2013); Pendrak v. Subway Sandwich…
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Federal Court Dismisses “All Natural” False Claims Suit Against Arizona Beverage Maker
After deciding that the plaintiff lacked standing to bring a consumer-fraud class action under the Class Action Fairness Act, a federal court in New Jersey has granted his motion to dismiss without prejudice, while denying the defendants’ cross-motion for partial summary judgment because it lacked subject matter jurisdiction. Robinson v. Hornell Brewing Co., No. 11-2183…