Food & Beverage Litigation & Regulatory Update

Tag: Pennsylvania

  • Court Dismisses “No Preservatives Added” Claims Against Herr Foods

    A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 16­5037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update. Herr…

  • Plaintiff in Herr Foods Litigation Seeks Disqualification for Defense Attorney

    The plaintiff in a purported class action asserting that Herr Foods Inc. mislabels its packaged snacks as “natural” has filed a motion to disqualify defense counsel, alleging the attorney repeatedly made “extortionate threats” and committed professional misconduct. Whitaker v. Herr Foods, Inc., No. 16-2017 (E.D. Penn., motion filed December 14, 2016). The plaintiff’s motion follows…

  • Pennsylvania’s High Court Declines to Consider SSB Tax

    The Pennsylvania Supreme Court has denied an application for extraordinary relief filed by several industry groups in an effort to prevent Philadelphia’s 1.5-cent-per-ounce tax on sugar-sweetened beverages (SSBs) from taking effect on January 1, 2017. Williams v. City of Philadelphia, No. 160901452 (Ct. C.P., Philadelphia Cty., order entered November 2, 2016). The one-page order does…

  • Castle Cheese Executive to Pay $5,000 over Adulterated Parmesan

    Castle Cheese Inc. President Michelle Myrter has reportedly been sentenced to three years of probation, 200 hours of community service at a food bank and a $5,000 fine for misdemeanor charges of food adulteration for selling “100% Parmesan” cheese containing high levels of substitutes, including cellulose. Following a federal investigation and a raid on company…

  • Beverage Groups Challenge Legal Basis for Philadelphia’s Tax on SSBs

    The American Beverage Association, other industry groups, retailers and distributors have filed a lawsuit against the city of Philadelphia challenging its tax on sugar-sweetened beverages (SSBs), arguing the statute unlawfully attempts to circumvent Pennsylvania’s taxation supremacy. Williams v. City of Philadelphia, No. 160901452 (Penn. Ct. C.P., Philadelphia Cty., filed September 14, 2016). The plaintiffs assert…

  • Court Overrides Jury Verdict in Heinz Lead-Tainted Baby Food Insurance Dispute

    Contradicting an advisory jury verdict, a Pennsylvania federal court has allowed Starr Surplus Lines Insurance Co. to void its policy with H.J. Heinz Co. covering damages related to the manufacture and sale of lead-tainted baby cereal. H.J. Heinz Co. v. Starr Surplus Ins. Co., No. 15-0631 (W.D. Penn., order entered February 1, 2016). Surplus sought…

  • Jury Finds for Heinz in Lead-Tainted Baby Food Insurance Coverage Dispute

    A Pennsylvania jury has found that Starr Surplus Lines Insurance must uphold H.J. Heinz Co.’s $25 million policy covering damages related to baby cereal tainted with lead. H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 15-0631 (W.D. Penn., jury verdict entered December 16, 2015). Heinz sought a declaratory judgment that the insurance provider…

  • Heinz Seeks Reversal of TTAB Decision on Smart Balance® Trademark

    H.J. Heinz Co. has filed a lawsuit against Boulder Brands USA seeking to vacate and reverse a Trademark Trial and Appeal Board (TTAB) decision finding that the marks representing Heinz’s Weight Watchers Smart Ones® and Boulder’s Smart Balance® are sufficiently distinct, allowing both to exist. H.J. Heinz Co. v. Boulder Brands USA, Inc., No. 15-0681…