- Last week the United States Court of Appeals for the Second Circuit affirmed a grant of summary judgment for Defendants Walgreen Co. and International Vitamin Corporation (IVC) on preemption grounds
CLASS ACTION
Illinois Judge Dismisses Bottled Water False Ad Complaint
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- An Illinois federal judge dismissed a proposed class action (Law360 subscription required) alleging that water labeled as “100% Natural Spring Water” is misleading due to the presence of microplastics. According
District Court Rules that “Manufactured in the USA 100%” Claim is False
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- On July 8, 2024, the U.S. District Court for the Central District of California granted partial summary judgment in favor of the Plaintiffs and held that a “Manufactured in the
Second Circuit Remands ‘Whole Wheat Flour’ Cracker Label Lawsuit
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- The Second Circuit vacated a New York federal court dismissal of a complaint regarding a misleading cracker box label (Law360 subscription required). According to the Second Circuit, the district court
Pasta False Ad Class Action Receives Certification
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- A California federal judge has certified a class action (Law360 subscription required) alleging that Barilla falsely labels its pasta as being made in Italy. We previously blogged on this case
Dollar Tree Sued Over Lead-Contaminated Cinnamon
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- Greenbrier International, Inc., the parent company of Dollar Tree, has been sued over alleged lead contamination in ground cinnamon (Law360 subscription required). The lawsuit follows recalls of lead-tainted ground cinnamon
Lawsuit Targets 100% Juice Claim
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- In yet another lawsuit filed by attorney Spencer Sheehan, Plaintiffs alleged that Aldi’s diced peaches products (“Yellow Cling Diced Peaches in 100% Fruit Juice”) violate FDA’s regulations and are falsely
Court Dismisses Lawsuit Targeting “All Natural” Claim
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- Last month, the U.S. District Court for the Southern District of New York dismissed a class-action lawsuit alleging that Snapple beverage products (e.g., Snapple Apple) were falsely and misleadingly labeled
Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks
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- Gerber filed a memorandum (Law360 subscription required) in support of its motion to dismiss a proposed class action that claimed the company had falsely advertised its baby food snack products
Campbell Soup Company’s V8 Splash Target of Class Action
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- On Monday Campbell Soup Company was hit with a class-action lawsuit (Law360 subscription required) which alleged that the company’s V8 line of products are deceptively labeled and mislead consumers into