Tag: probiotic
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Proposed Class Action Argues “Kombucha Tea Bags” Lack Kombucha
A plaintiff has filed a putative false advertising class action alleging that East West Tea Co.’s kombucha tea bags cannot feasibly be kombucha, which is a fermented product with live cultures. Cohen v. East West Tea Co., LLC, No. 17-2339 (S.D. Cal., filed November 17, 2017). The plaintiff asserts that she bought the tea product…
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Probiotic Yogurt Drink Suit Dismissed at Plaintiff’s Request
A California federal court has dismissed a lawsuit against Yakult USA at the request of the plaintiff following two denials of class certification and standing for an injunction. Torrent v. Yakult USA Inc., No. 15-0124 (C.D. Cal., S. Div., order entered August 23, 2016). Yakult argued that the court should refuse to grant the dismissal…
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Biotech Firm Sues Beverage Cos. Alleging Probiotic Patent Infringement
Ganeden Biotech Inc. has filed a lawsuit against American Brewing Co., Inc. and its 2015 acquisition, B&R Liquid Adventure, alleging the companies infringe its patents on a particular strain of probiotic bacteria through the marketing and sale of their búcha® beverage. Ganeden Biotech, Inc. v. Am. Brewing Co., Inc., No. 16-0876 (N.D. Ohio, filed April 13,…
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Court Denies Certification Again in Probiotic Yogurt Case
A California federal court has again denied certification in a putative consumer class action challenging Yakult USA’s probiotic yogurt product for allegedly false digestive-health claims. Torrent v. Yakult USA, Inc., No. 15-0124 (C.D. Cal., S. Div., order entered March 7, 2016). Additional information about the previous denial of certification appears in Issue 589 of this Update.…
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Certification Denied in Probiotic Yogurt Dispute
A California federal court has refused to certify the proposed class in a case alleging Yakult U.S.A., Inc. mislabels its probiotic yogurt drinks as providing nonexistent health benefits. Torrent v. Yakult U.S.A., Inc., No. 15-0124 (C.D. Cal., order entered January 5, 2016). The plaintiff argued that “Yakult fails to actually confer any health benefit and…
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Plaintiffs Challenging Gerber’s Probiotic Health Claims Must Provide Medical Records
A New Jersey federal court has granted Gerber’s motion to compel discovery of medical records in a consumer putative class action alleging that the company misrepresented its probiotic formula as capable of improving infant immune systems. In re Gerber Probiotic Sales Practices Litig., No. 12-835 (D.N.J., order entered April 10, 2015). Gerber requested medical records…
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Gerber Probiotics False Advertising Putative Class Action Can Continue
A New Jersey federal court has refused to dismiss a lawsuit alleging that Gerber falsely advertises some of its products as providing immune system boosts and as being nearly equal to breast milk. In re Gerber Probiotics Sales Practices Litig., No. 12-835 (D.N.J., order entered October 6, 2014). The plaintiffs alleged that Gerber misleadingly advertised three…
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Study Examines Effect of Early Microbiota Disruption on Obesity
A recent study examining early microbiota disruption has purportedly suggested “that antibiotic exposure during a critical window of early development disrupts the bacterial landscape of the gut, home to trillions of diverse microbes, and permanently reprograms the body’s metabolism, setting up a predisposition to obesity.” Laura Cox, et al., “Altering the Intestinal Microbiota during a…