Tag: New York
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Second Circuit Affirms “Angus Beef” Challenge Dismissal
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a putative class action alleging Dunkin’ Brands Inc. misled consumers about the cuts of meat in its “Angus” line of products. Chen v. Dunkin’ Brands Inc., No. 18-3087 (2nd Cir., entered March 31, 2020). The plaintiffs argued that Dunkin…
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Putative Class Action Alleges Ruffles Chips Contain Artificial Flavor
A plaintiff has alleged that Frito-Lay North America Inc. fails to include a mandated front-of-package disclosure that its Cheddar and Sour Cream chips are flavored with artificial flavoring. Ithier v. Frito-Lay N. Am. Inc., No. 20-1810 (S.D.N.Y., filed March 1, 2020). The complaint asserts that “[b]ased on flavor composition analysis of the Products, the artificial…
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Mashed Potatoes Lawsuit Dismissed
A New York federal court has dismissed a lawsuit alleging that BEF Foods Inc. misleadingly marketed its Bob Evans mashed potatoes as containing butter. Sarr v. BEF Foods, No. 18-6409 (E.D.N.Y., entered February 13, 2020). The lawsuit alleged that the packaging promised “real butter” and “fresh potatoes” despite containing vegetable oil and preservatives. The court…
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“Lightly Sweetened” Iced Tea Misleads, Consumer Argues
A consumer has filed a putative class action alleging Tipp Distributors Inc. mislabels its Steaz iced tea as “lightly sweetened” despite containing “objectively high amounts of sugar, as added sugar.” Taylor v. Tipp Distrib. Inc., No. 20-0712 (E.D.N.Y., filed February 9, 2020). Consumers paid a premium for Steaz believing it to contain less sugar than…
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Putative Class Action Alleges Gummies Contain Synthetic Ingredients
Hornell Brewing Co. Inc. and its subsidiary Arizona Beverage Co. allegedly misrepresent their fruit snacks product as all natural despite containing citric acid, gelatin, ascorbic acid, dextrose, glucose syrup and modified food starch, a consumer alleges. Silva v. Hornell Brewing Co. Inc., No. 20-0756 (E.D.N.Y., filed February 11, 2020). The plaintiff argues that these ingredients…
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New York to Ban Chlorpyrifos Through Regulations
New York Governor Andrew Cuomo has reportedly vetoed a bill that would have banned the use of chlorpyrifos by the end of 2021 but directed the state’s Department of Environmental Conservation to issue a ban on the pesticide. His direction will result in an immediate ban on aerial uses of chlorpyrifos and phase out other…
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Pringles Salt & Vinegar Lawsuit Denied Certification
A New York federal court has denied class certification to a group of consumers alleging that they were misled by Kellogg Co.’s Pringles Salt & Vinegar chips label into believing the product contained no artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., entered December 5, 2019). The plaintiff identified himself as a chef who…
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Whole Foods Oatmeal Hides Sugar Content, Plaintiff Alleges
A consumer has filed a putative class action alleging Whole Foods Market Group Inc. lists “organic dehydrated cane juice solids” as an ingredient in its 365 Everyday Value instant oatmeal rather than “sugar.” Warren v. Whole Foods Mkt. Grp. Inc., No. 19-6448 (E.D.N.Y., filed November 15, 2019). “Consumers expect ingredients on a product to be…