Tag Archives: LAWSUIT

Putative Class Action Alleges Company’s CBD Products for Humans and Animals 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 a variety of FDA-regulated products (for humans and animals) containing cannabidiol (CBD), in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act). FDA emphasized that CBD lacks an appropriate regulatory status for use in these … 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

Pork Workers Union Sues USDA Over New Swine Slaughter Inspection System

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The United Food and Commercial Workers (UFCW) International Union, together with Public Citizen Litigation Group, filed a federal lawsuit to stop the USDA’s new swine slaughter modernization rule that eliminates line speed limits in pork slaughter plants, and ultimately gives inspection responsibility to the slaughter plants instead of USDA inspectors.  As we have previously covered … Continue Reading

California Chamber of Commerce Challenges Proposition 65 Warnings for Acrylamide

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On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed suit in federal court against the California Attorney General, Xavier Becerra, to block the state from enforcing Proposition 65 warning requirements on foods containing acrylamide.  Acrylamide is a naturally occurring compound that develops when starches and sugars are cooked at high temperatures.  According to … 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

Mississippi Reverses Stance on Plant-Based Meat Labeling

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As previously reported on this blog, Upton’s Naturals Co. and the Plant Based Foods Association (PBFA) filed a lawsuit challenging Mississippi’s law prohibiting cell-based, plant-based, or insect-based foods from being labeled as “meat” or a “meat food product” (i.e., “hamburgers,” “hotdogs,” etc.). The lawsuit was filed on July 1, 2019, the same day that the … Continue Reading

Injunction to Stop Enforcement of Meat Labeling Law Not Needed, Says AR

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As our readers are aware, a number of states have enacted laws to prohibit marketing a product as “meat” if it is not derived from livestock or poultry and that several of these laws—including ones in Mississippi, Missouri, and Arkansas—have been challenged in court. (Other states that have enacted similar laws include Louisiana, North Dakota, … Continue Reading

FDA Sued for Failure to Establish FSMA Accredited Labs Program by Statutory Deadline (subscription to Law360 required)

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On August 19, two consumer groups, Center for Food Safety (CFS) and Center for Environmental Health (CEH), filed suit against the FDA in California federal court for its failure to promulgate final regulations and complete actions by mandatory deadlines set by Congress in the Food Safety Modernization Act of 2011 (FSMA). At issue in the … 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

Tofurkey and Others Challenge Arkansas Plant-Based and Insect-Based Meat Labeling Law

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The American Civil Liberties Union (ACLU), the Good Food Institute, the Animal Legal Defense Fund, and the ACLU of Arkansas recently filed a complaint on behalf of Turtle Island Foods (Tofurkey brand), challenging an Arkansas law that prohibits the representation of plant-based and insect-based products as “meat” or related terms (e.g., “beef,” “roast,” and “sausage”). … Continue Reading

OEHHA Confirms Final Carcinogen/Coffee Rule on Twitter

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In a tweet published on June 3, 2019 California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that its draft Proposition 65 regulation regarding listed carcinogens in coffee had been finalized and will become effective on October 1, 2019.  The regulation states that exposures to Proposition 65 carcinogens listed on or before March 15, 2019, … 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

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

Court Rules En Banc for Injunction Against San Francisco’s Health Warning Requirement for Soft Drink Ads

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  As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that required health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.). Specifically, the warning would have read: “WARNING: Drinking beverages with added … 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

U.S. Department of Justice Sides with California Against States Opposing Egg Production Standards That Require Room for Chickens to Move

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As reported here, Missouri and twelve other states asked the U.S. Supreme Court on December 4, 2018 to hear their challenge to provisions of the California Prevention of Farm Animal Cruelty Act that require any eggs sold in the state to come from hens that have space to stretch out in their cages. The plaintiffs … Continue Reading

United Airlines Faces Multiple Food Safety Whistleblower Lawsuits

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United Airlines is facing three whistleblower lawsuits filed by employees who reported food safety concerns at its Newark catering facility.  The suits have been filed by United’s former senior manager of food safety, Marcia Lee; the General Manager of the Newark catering facility, Eliot Mosby; and Newark Food Safety Manager, Gustavo Moya—who allege that, after … Continue Reading

Judge in Roundup Cancer Case Considers Reducing Punitive Damages

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As previously reported in The Daily Intake, on August 10, 2018 Dewayne Johnson was awarded $289 million in his case against Monsanto, maker of the popular herbicide Roundup, by a San Francisco jury.  The award, which included $250 million in punitive damages, was to compensate Mr. Johnson for the lymphoma that he alleged was caused … Continue Reading

Court Rules on Preliminary Motions in NGO Suit on GRAS Rule

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On August 17, 2016, FDA finalized the rule – codified at 21 CFR Parts 170 and 570 for human food and animal feed respectively – that was originally proposed on April 17, 1997 permitting manufacturers to reach a Generally Recognized as Safe (GRAS) determination with the option of notifying FDA.  Prior to 1997, companies were … 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
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