Environmental Research Center, Inc. v. Allysian Sciences Inc., et al., No. RG17-882468 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its nutritional health products, namely Allysian Genesis Green + Berry Powder, contain lead.
Continue Reading New Filings – November 30, 2017
New Filings – November 15, 2017
Alonso v. Bauducco Foods Inc., No. 502017ca012068 (Fl. Circuit Ct. – Palm Beach Cnty.): Putative class action for violation of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranty and unjust enrichment. Plaintiff alleges Defendant advertised its cracker products as being “all natural” despite the fact that the products contain “artificial, synthetic and/or genetically modified ingredients.”
Continue Reading New Filings – November 15, 2017
New Filings – October 31, 2017
Salem v. Great Circle Family Foods, LLC dba Krispy Kreme Doughnuts, No. BC679634 (Cal. Super. Ct. – Los Angeles Cnty.): Putative class action alleging violations of California’s UCL, FAL and CLRA. Plaintiff alleges Defendant made false statements about the amount of calories and sugar in its products.
Continue Reading New Filings – October 31, 2017
New Filings – October 15, 2017
Daniel v. Tootsie Roll Industries, LLC, No. 1:17-cv-07541 (S.D.N.Y.): Putative class action for violation of New York’s Deceptive and Unfair Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges Defendant’s boxes of Junior Mints candy are deceptively 43% slack fill, in excess of what
New Filings – October 2, 2017
Kramarz v. JR Carlson Laboratories Inc., 2017-CH-12609 (Ill. Super. Ct. – Cook Cnty.): Putative class action raising claims for breach of express warranty and unjust enrichment, and alleging violations of various states’ consumer protection statutes, including the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiff alleges Defendant misleadingly markets its sports supplement called “L-Glutamine” as helping people recover from exercise and giving energy for muscle growth, when in fact the product’s ingredients have been found to be ineffective for these purposes.
Continue Reading New Filings – October 2, 2017
Rulings, Orders, Settlements – August 4, 2017
Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action
White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative non-functional slack-fill class action for violation of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff alleges that Defendant misleads consumers about the amount of Hot Tamales candy and Mike and Ike candy inside their opaque, cardboard packaging. Defendant moved to dismiss arguing that: (1) a reasonable consumer would not be deceived by the packaging; (2) slack-fill is not by itself impermissible under federal or state law, violation of food-labeling regulations does not support a finding of liability under the MMPA, and Plaintiff does not sufficiently allege that the slack-fill is non-functional or deceptive; (3) Plaintiff lacks standing to pursue injunctive relief; and (4) Plaintiff fails to state an ascertainable injury under the MMPA. In denying the motion, the Court held that the question of whether a consumer would determine from the labeling information that the boxes contain excess slack-filled space is a question of fact that Plaintiff had sufficiently plead its claims. It further held that Defendant plead a threat of ongoing or future harm, sufficient to establish standing.
Continue Reading Rulings, Orders, Settlements – August 4, 2017
New Filings – July 22, 2017
Kiihne v. NBTY, Inc., et al., No. T17-30 (Cal. Super. Ct. – Placer Cnty.): Putative class action for violation of California’s UCL, FAL, and CLRA. Plaintiff alleges that Defendants deceptively label and market their Megadose niacin products by downplaying potential side effects.
Lau v. Pret A Manger (USA) Limited – Complaint, No. 1:17-cv-05775
Food Litigation Year in Review
Perkins Coie has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016. The Year in Review’s key insights include data-driven assessments of how (and where) the plaintiffs’ bar has continued its assault on the food industry in 2016. That data reflect the filing
Recent Significant Rulings for January 24, 2017
Stay Lifted In Olive Oil False Advertising Suit
Koller v. Med Foods, Inc., No. 3:14-cv-2400 (N.D. Cal.): The Court issued an order lifting the stay of this putative class action asserting violations of California’s CLRA, FAL, UCL, and raising claims for fraud and deceit. Plaintiff claims Defendants misled consumers into paying a premium for
Court Rejects Repeat Plaintiff’s Unsupported Bid for Class Certification in False Labeling Action Involving Goji Berries
Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D. Cal.): The Court denied Plaintiff’s motion for class action certification in this putative class action asserting violations of California’s CLRA and UCL, based on the allegation that Defendants false represent that their goji berries were harvested from the Himalayas, when they, in fact, came from the Ningxia province of China.
Continue Reading Court Rejects Repeat Plaintiff’s Unsupported Bid for Class Certification in False Labeling Action Involving Goji Berries