Tag: New York
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Federal Court Dismisses Shareholder Suit Against Chipotle
A federal court in New York has dismissed with prejudice a shareholder suit against Chipotle Mexican Grill Inc., finding the plaintiffs were unable to allege that the company made “demonstrably false” statements about foodborne illness outbreaks linked to its restaurants. Ong v. Chipotle Mexican Grill, No. 16-0141 (S.D.N.Y., entered March 22, 2018). The plaintiffs alleged that Chipotle…
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“Super Herb” Beverage Maker Facing Putative Class Action Complaint
Rebbl Inc. faces a putative class action alleging its “super herb” beverages are falsely advertised and labeled because the claims made for their ingredients are “not supported by sound scientific evidence.” Richburg v. Rebbl Inc., No. 18-1674 (E.D.N.Y., filed March 16, 2018). The complaint alleges that beverages in Rebbl’s product line of “Elixirs” and “Proteins”…
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Lawsuit Alleges “Keenwah” Snacks Have Minimal Quinoa
I Heart Foods Inc. faces a putative class action alleging that its “I Heart Keenwah” Quinoa Puffs contain mostly rice and pea protein rather than the quinoa implied by the product name. Ransom v. I Heart Foods Inc., No. 18-1465 (E.D.N.Y., filed March 8, 2018). According to the complaint, Quinoa Puffs are made from quinoa…
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Court Expresses Doubt on FDA’s “Good-Faith Efforts” to Define “Natural”
A New York federal court has issued a decision seemingly aiming to spur action from the U.S. Food and Drug Administration (FDA), which has purportedly exhibited “no discernible activity” to establish a definition of “natural.” In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered March 2, 2018). Kind LLC previously filed motions to…
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Popcorner Bags Contain 54 Percent Slack Fill, Consumer Alleges
BFY Brands, Inc., maker of Our Little Rebellion snacks, faces a potential class action alleging that its one-ounce bags of popcorn contain up to 54 percent slack fill. Reaves v. BFY Brands, Inc., No. 18-2065 (S.D.N.Y., filed March 7, 2018). The plaintiff alleges that he bought bags of Popcorners products—including Smokin’ Jalapeño White Cheddar, Sweet…
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NRDC Petitions New York to Regulate PFOA and PFOS in Drinking Water
The Natural Resources Defense Council (NRDC) has asked the New York health department to establish enforceable maximum contaminant levels (MCLs) for PFOA and PFOS in public drinking water. In its 65-page petition, NRDC detailed the results of a year-long study of state drinking water sources, including purported findings of elevated levels of the chemicals in…
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Plaintiff Alleges “Ancient Grains” Snack Mostly Made of Rice and Peas
MJS America LLC, maker of “Majans Bhuja Snacks,” faces a putative class action alleging that the primary ingredients of its “Ancient Grains Twists” are rice, peas, tapioca and sunflower or canola oil rather than ancient grains. Louis v. MJS America LLC, No. 18-1046 (E.D.N.Y., filed February 18, 2018). The plaintiff asserts that she paid a…
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Werther’s Faces Class Action for Slack Fill, False Labeling
A consumer has filed a putative class action alleging Storck USA, L.P., maker of Werther’s, packages Original Sugar Free Chewy Caramels with nonfunctional slack fill and misrepresents the effect of maltitol syrup on blood glucose levels. Kpakpoe-Awei v. Storck USA L.P., No. 18-1086 (S.D.N.Y., filed February 7, 2018). The complaint alleges that nontransparent 2.75-ounce bags…