Tag: Oregon
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Plaintiff Challenges Probiotic Content of Kombucha
A consumer has filed a putative class action alleging that Brew Dr. Kombucha LLC markets its products as containing “billions” of “live and active cultures” or “beneficial bacteria, yeasts and organic acids” despite containing “only 50,000” colony forming units. Amos v. Brew Dr. Kombucha LLC, No. 19-1663 (D. Ore., Portland Div., filed October 16, 2019).…
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Creamery Targeted with Designation of Geographic Origin Lawsuit
A plaintiff has filed a putative class action alleging Tillamook County Creamery Association misleadingly markets its products as sourced from cows in Tillamook County. Bohr v. Tillamook Cty. Creamery Ass’n, No. 19-36208 (Ore. Cir. Ct., Multnomah Cty., filed August 19, 2019). The complaint alleges that consumers “increasingly seek out and are willing to pay more…
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Complaint Alleges Blizzard Coupon Was Bait-and-Switch
International Dairy Queen Inc. faces a potential class action alleging it violated consumer-protection laws with a “bait-and-switch” scheme by advertising a free Blizzard without verifying that all store locations would honor the coupon. Spencer v. Int’l Dairy Queen, Inc., No. 18-1252 (D. Ore., filed July 13, 2018). The complaint alleges that the plaintiffs viewed an…
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Sonic Data Breach Cases Transferred to Northern District of Ohio
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has transferred five class actions related to a data breach at Sonic restaurants to the Northern District of Ohio, where the assigned court is presiding over a potential tag-along case. In re Sonic Corp. Customer Data Sec. Breach Litig., MDL No. 2807 (entered December 6, 2017). Sonic…
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Rockstar Underfilled Coffee Drink Cans, Plaintiff Alleges
Energy-drink company Rockstar faces a putative class action alleging the company underfilled cans of its coffee drinks, giving the company an unfair competitive advantage and shortchanging consumers. Podawiltz v. Rockstar, Inc., No. 17-0477 (D. Ore., filed March 26, 2017). The plaintiff claims he bought several cans of Rockstar’s coffee drinks labeled “15 fl oz [473…
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Plaintiff Claims Coconut Water Contains No Coconut
An Oregon plaintiff has filed a putative class action against the makers of Cascade Ice Coconut Water alleging the product contains no coconut. Silva v. Unique Beverage Co., LLC, No. 17-0391 (D. Or., filed March 9, 2017). The complaint alleges that “[d]espite the large colorful coconuts and the word ‘Coconut’ that defendant puts on the…
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Oregon Court Strikes Down GMO Crops Ban
An Oregon state court has invalidated a local ban on cultivating genetically modified organisms (GMOs), holding that the ordinance contradicts state law preventing local anti-GMO rules. White v. Josephine Cty., No. 15-23592 (Ore. Cir. Ct., Josephine Cty., order entered May 16, 2016). The plaintiff challenged the law after he rented land within Josephine County then…
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Gerber Graduates® Puffs Lawsuit Preempted by Federal Law
An Oregon federal court has dismissed a lawsuit alleging Gerber’s Graduates® Puffs is mislabeled because its packaging displays fruits and vegetables not contained in the product. Henry v. Gerber Prods. Co., No. 15-2201 (D. Ore., order entered April 18, 2016). The court first denied the plaintiff’s request to remand the case to state court, then…