Tag: New York
-
AriZona Tea Lacks Promised Ginseng, Consumers Allege
Two consumers have filed a putative class action alleging that Beverage Marketing USA Inc. markets its AriZona iced green tea products as containing “ginseng for energy” despite lacking “any detectible amounts of ginseng, if indeed it contains any ginseng at all.” Niles v. Beverage Marketing USA Inc., No. 19-1902 (E.D.N.Y., filed April 2, 2019). The…
-
“Organic Restaurant” Only Uses Some Organic Ingredients, Plaintiff Alleges
A consumer has filed a putative class action alleging that Bareburger Group misrepresents its restaurants as selling only organic food despite using some non-organic ingredients in its products. Rosenberg v. Bareburger Grp., No. 19-1634 (E.D.N.Y., filed March 22, 2019). The plaintiff and Bareburger were the subjects of a New York Times article in August 2018…
-
“Heart-Check Mark” StarKist Lawsuit to Continue
A lawsuit alleging that StarKist misleads consumers by paying to feature the American Heart Association’s (AHA’s) Heart-Check Mark will continue after a New York federal court refused to dismiss the complaint. Warner v. StarKist Co., No. 18-0406 (N.D.N.Y., entered March 25, 2019). The court refused to dismiss the plaintiff’s allegation that the Heart-Check Mark materially…
-
Lawsuit Alleges TGI Friday’s “Potato Skins” Lack Potato Skins, a “Healthier Snack”
A consumer has alleged that TGI Friday’s Inc. misleads consumers with the name of its “Potato Skins,” including the “Cheddar & Bacon,” “Bacon Ranch” and “Sour Cream & Onion” varieties, because the products contain only “potato flakes” and “potato starch.” Troncoso v. TGI Friday’s Inc., No. 19-2735 (S.D.N.Y., filed March 27, 2019). The plaintiff alleges…
-
Magnum Coffee’s “Kona” Blend Challenged
A consumer has filed a putative class action alleging that L & K Coffee Co. misleads consumers by selling a blend of coffee it labels as “Kona,” which allegedly refers to a distinctive geographic region in Hawaii. Faison v. L & K Coffee Co., No. 19-1248 (E.D.N.Y., filed March 3, 2019). The complaint asserts that…
-
Lawsuit Challenges Certification of “San Marzano” Tomatoes
A consumer has filed a putative class action alleging that Cento Fine Foods Inc. misleadingly markets its tomatoes as “Certified San Marzano” without having the proper certification. Sibrian v. Cento Fine Foods Inc., No. 19-0974 (E.D.N.Y., filed February 19, 2019). San Marzano tomatoes are grown vertically with supports in San Marzano sul Sarno in Italy,…
-
FDA to Hold CBD Public Hearings
U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly said in a February 27, 2019, hearing before the House Appropriations Committee that the agency will hold public hearings on cannabidiol (CBD) in April 2019. Gottlieb reportedly told the committee that FDA is assembling a working group of senior officials to create rules that would…
-
White Chocolate Content Challenged in Putative Class Action
A consumer has alleged that Snack Innovations Inc.’s Drizzilicious rice cakes are advertised as containing white chocolate but only contain “imitation flavoring.” Morrison v. Snack Innovations Inc., No. 19-1238 (S.D.N.Y., filed February 8, 2019). The complaint asserts that “white chocolate,” by U.S. regulations, contains cocoa butter, dairy ingredients and sweetener, including 20 percent cocoa butter…