- Yesterday a district court dismissed (Law360 subscription required) a class-action lawsuit which alleged that Ferrara Candy Company misled consumers into believing that their Brach Milk Maid caramels were made with
CLASS ACTION
Is “French Dessert” Necessarily Made in France?
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US Co. Falsely Marketing ‘French’ Dessert, Class Action Says (Law360 Subscription Required)
- We have reported on the mixed outcomes in proliferating class action lawsuits that challenge allegedly misleading geographical connotations
Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)
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- On March 10, Hershey Company filed a motion to dismiss a consumer class action suit which claimed that its chocolate contained toxic substances. Hershey maintains that it “never promised, in
Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)
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- On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein
Lawsuit Alleges PFAS in Pomegranate Juice
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- A class-action lawsuit was filed last week against the manufacturer of a pomegranate juice (and its parent company) for falsely advertising the product (POM) as “all natural” and healthful where
Gerber Seeks Dismissal of Putative Class Action Over Allegedly Misleading Protein Content Claims on Baby Food Containing Added Sugar
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Gerber Judge Calls Baby Food False Ad Claim ‘Pretty Weird’ (Law360 Subscription Required)
- A motion to dismiss hearing was held on February 9, 2023 over a proposed class action
Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied
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- On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
Court Rules that “Brown Bread” is Not Misleading
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- Last year we reported on a class-action lawsuit which alleged that a product described as “brown bread,” and which contained oat and rye flakes on the crust and a “no
Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed
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- In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand’s Market Pantry “fruit punch” flavored concentrated liquid
Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products
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Pepsi Falsely Touts ‘No Preservatives’ In Izze Drinks, Suit Says (Subscription to Law360 required)
- On December 1, PepsiCo and the equity firm behind Tropicana, PAI Partners, Inc., were named defendants