Food & Beverage Litigation & Regulatory Update

Tag: New York

  • High­-Tech Eatery Faces Projected Class Action Over Disability Access

    Eatsa, a fast-­food chain featuring high­-tech ordering and automated service, faces a putative class action alleging its restaurants are inaccessible to the blind. Am. Council for the Blind, v. Keenwawa, Inc., No. 17­-2096 (S.D.N.Y., filed March 23, 2017). Eatsa customers place orders through mobile apps or kiosks in the restaurants, then swipe a credit card…

  • Shareholder Suit Against Chipotle Over Foodborne Illnesses Dismissed by New York Court

    A New York federal court has dismissed a putative class action against Chipotle Mexican Grill Inc. alleging the burrito chain violated the Securities and Exchange Act of 1934 by making material misrepresentations about the company’s response to food-borne illnesses linked to its stores. Ong v. Chipotle Mexican Grill, Inc., No. 16­0141 (S.D.N.Y., order entered March…

  • Wrongful Death Suit Filed Against Makers of Allegedly Contaminated Cheese

    The widow of a Vermont man who died after eating raw­milk cheese allegedly contaminated with Listeria monocytogenes has filed suit against the manufacturer of the cheese, Vulto Creamery. Friedman v. Vulto Creamery LLC, No. 17­-0283 (N.D.N.Y., filed March 10, 2017). Vulto issued a recall of its Ouleout, Miranda, Heinennellie and Willowemoc raw-­milk cheeses in March…

  • Newman’s Own Faces Putative Class Action Litigation over Natural Claims

    A consumer has filed a projected class action alleging Newman’s Own, Inc. misleadingly markets its pasta sauce products as natural despite containing citric acid. Wong v. Newman’s Own, Inc., No. 16-6690 (E.D.N.Y., filed November 30, 2016). The complaint asserts the company “deceptively used the term ‘natural’ to describe a product containing ingredients that have been…

  • Old Charter Bourbon Misrepresented as Aged for 8 Years, Projected Class Action Alleges

    A consumer has filed a putative class action against Buffalo Trace Distillery, Inc., Old Charter Distillery Co. and Sazerac Co. alleging the companies misrepresent Old Charter Bourbon as aged for eight years before entering the market. Parker v. Buffalo Trace Distillery, Inc., No. 16-8986 (S.D.N.Y., filed November 18, 2016). The complaint argues that Old Charter…

  • Sour Patch Slack Fill Case Dismissed

    A New York federal court has dismissed a consumer’s lawsuit alleging Mondelez International sells its Sour Patch Watermelon candy with unpermitted slack fill. Izquierdo v. Mondelez Int’l Inc., No. 16-4697 (S.D.N.Y., order entered October 26, 2016). The lead plaintiff had asserted that the box he purchased contained 28 pieces of candy but had enough space for…

  • Vegetarian Sues Buffalo Wild Wings for “Meatless” Dishes Cooked in Beef Tallow

    A New York consumer has filed a lawsuit against Buffalo Wild Wings, Inc. (BWW) alleging the company misleads vegetarian customers into believing the restaurant chain offers vegetarian fare when certain offerings are actually cooked in beef tallow. Borenkoff v. Buffalo Wild Wings, Inc., No. 8532 (S.D.N.Y., filed November 2, 2016). The complaint asserts that BWW does…

  • CSPI Alleges PepsiCo’s Naked Juices Mislead Consumers

    Representing a group of three consumers, the Center for Science in the Public Interest (CSPI) has filed a lawsuit against PepsiCo, Inc. alleging the company’s Naked line misleads consumers by naming and labeling its juices with foods “perceived by consumers to be highly nutritious, like kale,” but manufacturing the products without “the ingredient profile represented.”…