Tag: New Mexico
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Turkey Welfare Challenged at Ranches
A plaintiff has filed a putative class action alleging Diestel Turkey Ranch falsely markets its turkeys as “thoughtfully raised on sustainable family farms with plenty of fresh air and space to roam.” Wetzel v. Diestel Turkey Ranch, No. 20-1213 (D.N.M., filed November 19, 2020). The plaintiff argues that Diestel “sources the overwhelming majority of its turkeys…
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5-Hour Energy® Plaintiffs Denied Class Certification
A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-Hour Energy Mktg. and Sales Practices Litig., No. 13-2438 (C.D. Cal., order entered June 7, 2017).…
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SSB Tax Initiative Fails in Santa Fe
Voters in Santa Fe, New Mexico, rejected a sugar-sweetened beverage (SSB) tax initiative that would have raised the price of SSBs by 2 cents per ounce. Political action committees, industry groups and advocacy organizations reportedly spent $3.25 million on the vote. Campaign finance reports show that Michael Bloomberg, who began his campaign for SSB taxes…
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Court Approves FDA Consent Decree over Tainted Peanut Butter Outbreak
A federal court in New Mexico has approved a consent decree of permanent injunction between the Food and Drug Administration (FDA) and Sunland, Inc., which owns a facility where peanut butter products purportedly tainted with Salmonella were produced. United States v. Sunland, Inc., No. 12-1312 (D.N.M., filed December 21, 2012). The outbreak affected “at least…
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New Mexico, Washington Support GMO Labeling Legislation
New Mexico has joined Washington and California in considering GM (genetically modified) labeling on food products. Sponsored by state Senator Peter Wirth (D), the proposal (S.B. 18) seeks to amend the New Mexico Food Act and Commercial Feed Law to require the labeling of any food or commercial animal feed containing more than 1 percent…
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Putative Class Contends One-Cup Coffee Cartridges Are Not Fresh Ground
A New Mexico resident has filed a putative statewide class action in federal court claiming that a company which makes one-cup coffee cartridges for Keurig® single-serve coffee machines falsely labels and markets its cartridges as fresh coffee when they are actually filled with instant coffee. Bracewell v. Sturm Foods, Inc., No. 11-01024 (D.N.M., filed November…
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Court Excludes Experts Linking Personal Injury to Antibiotic in Horse Feed
An appeals court in New Mexico has affirmed a trial court’s decision to dismiss claims that a horse rancher’s family became ill as a result of exposure to horse feed containing an antibiotic toxic to horses. Parkhill v. Alderman-Cave Milling & Grain Co., No. 29,120 (N. M. Ct. App., decided October 6, 2010). The parties settled…