Tag Archives: CLASS ACTION

Court Affirms Slack Fill Dismissal Because Plaintiffs Failed to Allege Actual Damage (subscription to Law360 required)

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The Seventh Circuit affirmed an Illinois federal court’s decision to dismiss a proposed slack-fill class action against Chicago-based chocolate maker, Fannie May. In December 2018, the district court ruled that the plaintiffs, Clarisha Benson and Lorenzo Smith, failed to adequately plead a violation of the Federal Food, Drug, and Cosmetic Act. And on December 9, … Continue Reading

NY Judge Denies Class Certification in ‘No Artificial Flavors’ Lawsuit

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Chef Denied Class Cert. In Pringles Artificial Flavoring Row (subscription to Law360 required) In the past five years or so consumers have shown increased concern about perceived health issues with so-called “artificial” ingredients.  Whether or not ingredients are “artificial” is, therefore, a hotly debated issue at the center of many false advertising lawsuits. On December … Continue Reading

Proposed Class Action Alleges Company’s CBD Products Violate Federal Law (subscription to Law360 required)

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As our readers may recall, on November 25, FDA issued warning letters to 15 companies for illegally selling FDA-regulated products containing cannabidiol (CBD) in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act). FDA alleged that CBD lacks an appropriate regulatory status in the products and, in some cases along with product claims, … Continue Reading

Proposed Class Action Lawsuit Alleges ‘Simply Cocoa’ and ‘Made With Real Cocoa’ are False and Deceptive Claims for Hot Chocolate That Contains Alkalized Cocoa

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 Swiss Miss Hot Cocoa Ingredients Not So ‘Simple,’ Buyers Say (subscription to Law360 required) In a proposed statewide class of consumers who purchased Swiss Miss hot chocolate and similar products, an individual has sued ConAgra under various California consumer protection laws.  The plaintiff alleges that he made an on-line purchase of Swiss Miss Simply Cocoa … Continue Reading

New Proposed Class Action Over “Organic Dehydrated Cane Juice Solids”

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 Whole Foods Accused of Hiding Sugar In Oatmeal Ingredients (subscription to Law360 required) As previously covered on this blog, a claim against Whole Foods involving the term “evaporated cane juice” (ECJ) was dismissed from the “Food Court” (i.e., the Northern District of California) in 2015 because inconsistencies in the plaintiff’s statements and actions make it … Continue Reading

Ben & Jerry’s Sued Over “Happy Cows” Claim (subscription to Law360 required)

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On October 29, 2019, Plaintiff James Ehlers, a former Vermont gubernatorial candidate, filed a proposed class action complaint in the federal U.S. District Court in Vermont.  In the complaint, the Plaintiff alleges that Ben & Jerry’s and its parent company, Unilever, (collectively “Defendants”) falsely advertised that the milk and cream in Ben & Jerry’s ice … Continue Reading

$6.5 Million Settlement Reached on Eve of Trial in Class Action Lawsuit Against Chipotle Over the Meaning of “Non-GMO”

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Chipotle Wraps Up False Ad Suit With $6.5M Settlement (subscription to Law360 required) As previously covered on this blog, a plaintiffs’ class action lawsuit was filed against Chipotle in the “Food Court” (Northern District of California) in connection with the chain’s nationwide advertising campaign premised on a pledge to serve only “non-GMO” foods.  On October 1, 2018, the … Continue Reading

As FDA Considers Revisions to the Regulatory Definition, a Federal Court Agrees That Consumers Are Not Misled by Coconut Milk Marketed as “Healthy”

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 Danone Dodges Deceptive Ad Suit Over Coconut Milk (Subscription to Law360 required) The U.S. District Court for the Southern District of California on August 14, 2019 dismissed a proposed class action alleging the term “healthy” is deceptive when used to market coconut milk containing high levels of saturated fat.  At issue in Andrade-Heymsfield v. Danone … Continue Reading

Hazelnut Crème Coffee False Advertising Lawsuit Revived

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1st Circuit Gives Coffee Buyers 2nd Shot at False Ad Suit (subscription to Law360 required) On August 8, 2019, the U.S. Court of Appeals for the First Circuit reversed a district court’s dismissal of a lawsuit charging that the label on New England Coffee’s Hazelnut Crème coffee violates Massachusetts’ consumer protection laws because the product … Continue Reading

Federal Court Not Ready to Determine Whether an Ingredient is ‘Natural’ Solely on the Basis That it is Derived From a Plant

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 LaCroix’s ‘Outraged’ Sanctions Bid in ‘Natural’ Suit Falls Flat (Subscription to Law360 required) The named plaintiff in a class action lawsuit filed in Illinois last year (Rice v. National Beverage Corp. d/b/a LaCroix Sparkling Waters, October 18, 2018) alleges that “all natural” labeling on LaCroix sparkling water is fraudulent because the sparkling water contains chemicals … Continue Reading

U.S. Supreme Court to Consider Whether Courts Must Defer to an Agency’s Interpretation of its Regulations – a Judicial Policy That Recently Resulted in Dismissal of Litigation Over ‘No Sugar Added’ Claims on 100% Juices

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 Kavanaugh, Roberts In Crossfire of Battle Over ‘Auer’ (subscription to Law360 required) The U.S. Supreme Court heard arguments on March 27, 2019 about whether to overturn the principle of judicial review of federal agency actions that requires a federal court to yield to an agency’s interpretation of an ambiguous regulation that the agency has promulgated.  Under … Continue Reading

California Jury Awards $80 Million Verdict in Glyphosate Case

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A California plaintiff, who used Roundup on his 56-acre Santa Rosa property and alleged glyphosate caused his non-Hodgkin lymphoma, has been awarded $80 million by a jury in the U.S. District Court for the Northern District of California.  The docket of the case, Hardeman v. Monsanto Co. et al., is available here (subscription required).  This … Continue Reading

Putative Class Action Filed Against Walmart, Costco, Amazon and Others Alleging Coffee is Falsely Labeled as “Kona”

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Amazon, Walmart, Costco Sued Over Fake ‘Kona’ Coffee (subscription to Law360 required) Section 43(a) of the Lanham Act (15 U.S.C. 1125) permits a civil action for, among other reasons, “false designation of origin.”  To prevail, a plaintiff must prove the designation of origin is false, that it is used in a commercial advertisement (e.g., a … Continue Reading

New York Judge Lifts 2-Year Stay on KIND “All Natural” Suit (subscription to Law360 required)

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A New York federal court ordered a consumer class action against KIND LLC to move forward after a two-year stay. Consumers are suing KIND for allegedly mislabeling its snack products as both “non-GMO” and “all natural,” even though the products purportedly contain synthetic and genetically modified ingredients.  On September 15, 2016, U.S. District Judge William … Continue Reading

Second Circuit Remands “Whole Grain” Cheez-It Lawsuit

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The United States Court of Appeals for the Second Circuit held that a New York district court erred in ruling that labeling Kellogg’s Cheez-It crackers as “whole grain” was not misleading, despite the fact that the snacks were primarily made from enriched white flour.  Thus, the Second Circuit vacated the decision and remanded the case … Continue Reading

Flavored Sparkling Water, LaCroix, Sued Over Natural Claims

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A class action lawsuit filed by Lenora Rice in Cook County, Illinois alleges that LaCroix manufacturer, National Beverage Corp, falsely markets its popular flavored sparkling water as “all natural.” The complaint states that LaCroix sparkling waters are “manufactured using non-natural flavorings and synthetic compounds,” but are labeled as “all natural” and “always 100% natural.” Specifically, LaCroix is … Continue Reading

Putative Class Action Challenge to Diet Dr. Pepper in California Fails for the Fourth Time

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The Federal District Court for the Northern District of California has granted Dr. Pepper/Seven Up, Inc.’s Motion to Dismiss (available for purchase here) in a putative class action originally filed in October 2017, which alleged that the marketing of Diet Dr. Pepper violated California’s False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition Law, … Continue Reading

CA Judge Certifies Class in Kellogg False Advertising Cereal Lawsuit (Law360 Subscription Required)

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On August 17, 2018, a California federal judge certified three classes of consumers who allege that Kellogg falsely advertises its Raisin Bran, Frosted Mini-Wheats, and Smart Start cereals as healthy. The 51-page order granting the motion for class certification found claims that Kellogg misled consumers about the sugar contents of its cereals can be resolved … Continue Reading

Is Pet Food the Next Front for “Natural” Lawsuits?

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A class action lawsuit has been filed against Rachel Ray’s Nutrish dog food brand, alleging that “natural” claims were false and misleading under state consumer protection laws, based on testing that showed the presence of glyphosate residues. Glyphosate, commonly known as Roundup®, is an EPA-approved herbicide that is used on food crops, including crops that have … Continue Reading

Ninth Circuit Court of Appeals Upholds Denial of Injunctive Relief Where Named Plaintiff Concedes She Would Not Purchase Allegedly Mislabeled Tea in the Future

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9th Circ. OKs Toss Of Twinings Tea Antioxidant Case – Law360 (subscription to Law360 required) Seeking injunctive relief in consumer class action cases requires the plaintiff to show there is a threat of future harm.  A recent decision emphasizes the difficulty that a plaintiff can face when she concedes she will not purchase the contested … Continue Reading

GM Labeling Update: Ingredient Disclosure Debate

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As previously reported on this blog, legislation requiring labeling of genetically modified (GM) foods and food ingredients was signed into law on July 29, 2016.  This law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018. On June 28, 2017, USDA’s Agricultural Marketing Service (AMS) posted a … Continue Reading

New “Natural” Lawsuit Targets Sanderson Farms’ “100 Percent Natural” Chicken

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A leading poultry producer has been sued over “natural” claims on its chicken products.  (subscription to Law360 required) Americans’ increasing appetite for clean label, ethically-raised foods has resulted in the continued proliferation of consumer advocacy litigation targeting “natural” claims for products containing synthetic ingredients or preservatives.  Adding fuel to the continued uptick in “natural” litigation … Continue Reading

Kraft Motion to Dismiss ‘All Natural’ Lawsuit

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Kraft seeks to end ‘all-natural’ sour cream labeling suit (subscription to Law360 required) Kraft Heinz Foods Co. (Kraft) asked the court (the U.S. District Court for the Eastern District of New York) to dismiss a putative class action over claims the “All Natural” label on its Breakstone’s sour cream is misleading because the sour cream … Continue Reading
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