Tag: New Jersey
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Caffeinated Alcoholic Drink Allegedly Caused Man’s Heart Arrhythmia
According to news sources, a New Jersey tire salesman has filed a personal injury lawsuit in a state court against the company that makes Four Loko®, an alcoholic beverage that until late 2010 also contained caffeine; he alleges that after drinking two and one-half cans, he was taken to a hospital with heart arrhythmia. Mustica…
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Recalled Ground Red Pepper Sparks Litigation Between Spice Companies
Adams Extract & Spice has sued Van de Vries Spice Corp. in a New Jersey federal court alleging damages in excess of $75,000 due to a 2009 spice recall involving ground red pepper allegedly contaminated with Salmonella. Adams Extract & Spice, LLC v. Van de Vries Spice Corp., No. 11-00720 (D.N.J., filed February 8, 2011).…
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Court Dismisses Class Action over Salt in Denny’s Menu Items
A New Jersey appellate court has dismissed the second amended complaint in a putative class action filed by a man who claims that Denny’s meals contain excessive undisclosed levels of sodium in violation of the state’s Consumer Fraud Act. DeBenedetto v. Denny’s, Inc., No. A-4135-09T1 (N.J. Super. Ct. App. Div., decided January 11, 2011). The…
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Cases Recently Decided—Exploding Snails, State Alcohol Beverage Laws, E. ColiTainted Meat Outbreak
According to a news source, a small claims court in California has exonerated two seafood restaurant supervisors for alleged negligence in the case of the exploding escargot. More details about the case appear in Issue 373 of this Update. In a two-page ruling, the court apparently determined, “There was absolutely no evidence whatsoever on what caused…
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Humane Society Member Files Class Action Against Poultry Producer
Alleging that Perdue Farms Inc. misleads consumers by labeling its chicken products as “Humanely Raised,” a member of the Humane Society of the United States (HSUS) has reportedly filed a putative class action against the company in a New Jersey court. The suit apparently claims that the company’s chickens are processed under National Chicken Council…
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Stay in Snapple “Natural” Beverage Lawsuit Extinguished
A federal court in New Jersey has granted the defendant’s unopposed motion to extinguish the stay in a lawsuit contending that Snapple beverage products are falsely advertised as “natural” because they contain high-fructose corn syrup, a purportedly non-natural ingredient. Holk v. Snapple Beverage Corp., No. 07-3018 (D.N.J., decided October 15, 2010) (unpublished). The court had stayed the…
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Ice Cream Consumers Agree to Settle Fraudulent Labeling Claims
A federal court in New Jersey has issued a preliminary order granting certification of a nationwide class for settlement purposes in litigation against Unilever U.S., Inc., alleging that reduced-calorie labels for its Breyers Smooth & Dreamy Ice Cream® violated consumer fraud law. Ercoline v. Unilever U.S., Inc., No. 10-01747 (D.N.J., order filed October 4, 2010). The…
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Federal Appeals Court Finds Farmers’ Claims Against Pesticide Maker Not Preempted
The Third Circuit Court of Appeals has allowed claims filed by New Jersey blueberry farmers to proceed against the company that makes a pesticide which allegedly damaged their crops, finding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt their lawsuit. Indian Brand Farms, Inc. v. Novartis Crop Protection, Inc., No. 08-4484 (3d…