Tag: New York
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Court Approves Class Certification in Fraud Suit Against Olive Oil Co.
A federal court in New York has certified a consumer-fraud class action against Kangadis Food Inc., d/b/a The Gourmet Factory, alleging that the company falsely labels its products as “100% Pure Olive Oil” when they actually contain the industrially processed substance “olive-pomace oil,” “olive-residue oil” or “Pomace.” Ebin v. Kangadis Food Inc. d/b/a The Gourmet…
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NY State PTA Takes Stand Against Antibiotic Overuse in Livestock
The New York State Parent Teacher Association (PTA) has reportedly become the first PTA in the country to pass a resolution that calls on Congress and the U.S. Food and Drug Administration “to protect human health by prohibiting the overuse and misuse of antibiotics in food animal production.” Representing hundreds of thousands of parents, teachers…
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Second Circuit Dismisses Starbucks Tip-Sharing Suit
In a summary order, the Second Circuit Court of Appeals has affirmed a lower court’s dismissal of employee claims that Starbucks Corp. violated New York law by allowing shift supervisors to share store tip pools with baristas. Barenboim v. Starbucks Corp., No. 10-4912 (2d Cir., decided November 21, 2013). Details about the New York Court of…
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Wrongful Death Suit Filed Against Red Bull
The grandmother of a 33-year-old who allegedly died from cardiac arrest after ingesting a Red Bull “energy drink” while playing basketball has filed a survival and wrongful death action against the company. Terry v. Red Bull N. Am., Inc., No. 506504/2013 (N.Y. Sup. Ct., Kings Cty., filed October 24, 2013). The complaint recites a number…
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Consumers Challenge “Unpasteurized” and “100% Raw” Juice Labels
New York and California residents have filed a putative nationwide class action against Hain Celestial Group, Inc., alleging that its fruit and vegetable juice products, labeled as “Unpasteurized” and “100% Raw” are false and misleading because the products undergo high pressure processing, “which neutralizes the benefits of the live enzymes, probiotics, vitamins, proteins, and nutrients…
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Non-Profit Sues NYC Mayor, Seeks Food Regulation Documents
Keep Food Legal, a Washington, D.C.-based non-profit, has filed a petition under the New York Freedom of Information Law (FOIL), seeking an order compelling the office of New York City Mayor Michael Bloomberg to respond to its allegedly unaddressed requests for “records and documents on various, proposed, or enjoined food-related regulations or policies to which…
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New York High Court to Review NYC Soda-Size Restrictions
According to a news source, the New York Court of Appeals, the state’s highest court, has agreed to hear New York City’s appeal of a decision striking down a board of health rule that would have imposed caps on the size of sugar-sweetened beverages sold at certain venues. Details about the intermediate appellate court opinion…
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New York AG Announces Crackdown on Fake Online Reviews
New York Attorney General Eric Schneiderman recently announced that 19 companies have agreed to stop hiring search engine optimization (SEO) and marketing entities to write fake online reviews after an undercover investigation into digital “astroturfing” allegedly found that such practices violate “multiple state laws against false advertising.” According to a September 23, 2013, press release,…