Tag: New York
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Plaintiff Alleges AriZona Beverages Misrepresents Sugar and Calorie Content
AriZona Beverages LLC faces a putative class action alleging it misleads consumers by representing the sugar and calorie content of its beverages based on a serving size of eight ounces while its product is sold in 16-ounce cans. Neville v. AriZona Beverages USA LLC, No. 18-5040 (E.D.N.Y., filed September 6, 2018). The complaint asserts that AriZona “engaged…
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DOJ Alleges Seafood Producer Sells Contaminated Products
The U.S. Department of Justice (DOJ) has filed a complaint alleging Foo Yuan Food Products Co. Inc. distributes seafood products contaminated with Listeria monocytogenes and Clostridium botulinum. According to DOJ’s press release, the Food and Drug Administration (FDA) inspected the facility several times and documented “significant deficiencies” during each inspection, including the alleged “failure to…
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Court Dismisses Junior Mints Slack-Fill Suit
A New York federal court has dismissed a putative slack-fill class action against Tootsie Roll Industries, finding that the packaging of Junior Mints contains sufficient information for consumers to determine its volume and that “[t]he law simply does not provide the level of coddling plaintiffs seek. … The court declines to enshrine into the law…
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Plaintiff Alleges “Natural,” “No Preservatives” Chips Contain Citric Acid
Diamond Foods LLC faces a putative class action alleging Kettle Foods potato chips are marketed as “Made with Natural Ingredients” and “No Preservatives” but contain citric acid. Mason v. Diamond Foods LLC, No. 18-6423 (S.D.N.Y., filed July 16, 2018). The complaint identifies several flavors of chips that allegedly contain the “synthetic compound,” purportedly produced from mold…
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Plaintiff Challenges “Natural” Orange Juice
A consumer has filed a putative class action alleging that Florida’s Natural Orange Juice is not “natural” because it is “highly processed” and contains pesticide residues. Axon v. Citrus World Inc., No. 18-4162 (E.D.N.Y., filed July 20, 2018). The complaint alleges that Citrus Inc. markets Florida’s Natural with illustrations on the packaging of “green leaves…
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Whole Foods Juice Allegations to Proceed on “Fresh,” “Unpasteurized” Claims
A New York federal court has dismissed some allegations in a lawsuit alleging Whole Foods Market Group Inc. and Freshbev LLC mislabeled juice products but will allow three claims to proceed. Campbell v. Freshbev LLC, No. 16-7119 (E.D.N.Y., entered July 2, 2018). The plaintiff alleged that the companies mislabeled the juices as unpasteurized, cold-pressed and fresh and…
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Plaintiffs Allege Campbell’s “No Preservatives” Soups Contain Chemical Preservatives
Campbell Soup Co. faces a putative class action alleging that it deceptively markets its soups as having “No Preservatives Added” or being “Made With Patience, Not Preservatives” despite containing citric acid, ascorbic acid or other preservatives. Cabrega v. Campbell Soup Co., No. 18-3827 (E.D.N.Y., filed July 2, 2018). The complaint alleges that such statements violate consumer-protection statutes…
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Plaintiff Alleges Good Health Veggie Snacks Are Not Healthy
Utz Quality Foods LLC and Good Health Natural Products Inc. face a potential class action alleging that the companies replaced a blend of vegetable-derived ingredients with synthetic additives in their Extra Goodness! products, including vegetable straws and chips. Feldman v. Utz Quality Foods, LLC, No. 18-6004 (S.D.N.Y., filed July 3, 2018). The complaint alleges that the companies…