Category: New Filings

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PC Food Litigation Index: April 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. In April, “natural” and its opposite, “artificial,” continued to be legally-contested territory in the food … Continue Reading

PC Food Litigation Index: March 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. In March, plaintiffs challenged a variety of food labeling and marketing claims, with most filings … Continue Reading

PC Food Litigation Index: February 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. California and New York continue to be the preferred jurisdictions for food and beverage class … Continue Reading

New Filings – February 7, 2018

Newman v. Dierbergs Markets, Inc., No. 1822-CC00194 (Mo. Cir. Ct. – St. Louis): Putative class action asserting violations of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff alleges that the label on Defendant’s Extra Crunchy “All Natural” Extra Kettle Cooked Potato Chips is false and misleading, representing the chips as “all … Continue Reading

New Filings – January 24, 2018

Quiroz v. The Apple & Eve, LLC, No. 2:18-cv-00401 (E.D.N.Y.): Putative class action alleging violation of New York’s Deceptive and Unfair Trade Practices Act and False Advertising provision of the GBL, as well as California’s CLRA, UCL and FAL, and raising a claim for common law fraud. Plaintiff alleges that Defendant falsely and misleadingly labels … Continue Reading

New Filings – January 19, 2018

Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant sells coffee pods labeled as “100% compostable and environmentally friendly,” when in fact the coffee pods are only compostable in commercial composting facilities that are … Continue Reading

New Filings – December 29, 2017

Organic Consumers Association v. R.C. Bigelow, Inc., No. 17CA8375 (D.C. Super. Ct.): Plaintiff asserts a cause of action for violation of the District of Columbia Consumer Protection Procedures Act alleging that defendant deceptively labeled, marketed and sold its Bigelow’s Green Tea as “All Natural” and “Natural,” when in fact the product contains the synthetic chemical … Continue Reading

New Filings – December 15, 2017

Miao v. Iovate Health Sciences U.S.A. Inc., No. 1:17-cv-09427 (S.D.N.Y.): Putative slack-fill class action asserting violations of New York’s Deceptive and Unfair Trade Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges that Defendant’s containers of Herbal Zen Nutrition plant-based protein powder are 40% slack-filled.… Continue Reading

New Filings – November 15, 2017

Hilel v. Gilda Industries Inc., No. CACE-17-019821 (Fl. Circuit Ct. – Broward Cnty.): Putative class action alleging violation of Florida’s Deceptive and Unfair Trade Practices Act and raising claims for negligent misrepresentation, breach of express warranty, and unjust enrichment. Plaintiff alleges Defendant misrepresented that its cracker products are “all natural,” when the crackers actually contain … Continue Reading

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 is … Continue Reading

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” … Continue Reading

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 (S.D.N.Y.): Putative … Continue Reading

New Filings – June 26, 2017

Azimpour v. NBTY, Inc., et al., No. 37-2017-21000 (Cal. Super. Ct. – San Diego Cnty.):  copycat putative class action asserting violations of California’s UCL, FAL, and CLRA, and a claim for breach of express warranty. Plaintiff alleges that Defendants deceptively label and market their Natures’ Bounty and Sundown Naturals Ginkgo Biloba extract products as providing … Continue Reading

New Filings – June 19, 2017

Hensel v. Andrea’s Fine Foods, Inc., et al., No. 1722-CC01421 (Mo. Cir. Ct. – St. Louis Cnty.): Putative class action alleging violations of Missouri’s Merchandising Practices Act and raising claims of negligent misrepresentation and unjust enrichment. Plaintiff claims that Defendants falsely marketed their pie and pie crust products as “all natural,” although the products contain … Continue Reading

New Filings – June 12, 2017

Kao, et al. v. Abbott Laboratories, Inc., No. 3:17-cv-2790 (N.D. Cal.): Putative class action alleging that Defendant misleadingly markets its Similac Advanced Non-GMO baby formula as containing no GMOs when independent testing indicated that the formula contained GMOs. Stanton v. Sargento Foods Inc., No. 1:16-cv-04578 (N.D. Cal.): Putative class action asserting that Defendant falsely markets … Continue Reading

Preliminary Settlement Approved in Misleading Coconut Water Suit

Ma, et al. v. Harmless Harvest, Inc., No. 2:16-cv-07102 (E.D.N.Y.): The Court preliminary approved a settlement in this putative class action alleging that Defendant labeled its coconut water as “100% organic” and “USDA Organic” and “100% raw” even though it knew its products were not solely made from organic coconuts and were not “raw.” As … Continue Reading

New Filings – May 25, 2017

Brumfield, et al. v. Trader Joe’s Company, No. 1:17-cv-03239 (S.D.N.Y.): Putative class action for violation of the Magnuson-Moss Warranty Act, the deceptive acts or practices and false advertising provisions of the GBL, California’s CLRA, FAL, and UCL, and raising claims for breach of express and implied warranties, unjust enrichment, negligent misrepresentation, and fraud. Plaintiffs allege … Continue Reading

New Filings – April 18, 2017

Shane v. Florida Bottling, Inc., No. 2:17-cv-2197 (C.D. Cal.): Putative class action alleging Defendants misleadingly label and market its juices as “cold pressed” and “fresh pressed” when the juices are actually heat processed (pasteurized). Painter v. Blue Diamond Growers, No. 2:17-cv-2235 (C.D. Cal.)  Putative class action alleging Defendant falsely markets its almond beverage as being … Continue Reading

New Filings – April 3, 2017

Consumer Advocacy Grp., Inc. v. Chulada, Inc., et al., No. BC651577: (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging defendants fail to warn consumers that their ground shrimp contains cadmium and cadmium compounds, and lead and lead compounds. Envtl. Research Ctr., Inc. v. Blackstone Labs, LLC, No. RG17-850885: (Cal. Super. Ct. – … Continue Reading

New Filings – March 31, 2017

Iglesias v. Ferrara Candy Co., et al., No. 3:17-cv-0849 (N.D. Cal.): Putative non-functional slack-fill class action for violation of California’s CLRA, FAL, and UCL. Plaintiff alleges that Defendant misleads consumers about the amount of “Jujyfruits” brand candy inside their opaque, cardboard packaging. Anestis v. Harvest Beverage Group, LLC, et al., No. 17-52286 (N.Y. Sup. Ct. – … Continue Reading

New Filings for October 20, 2016

Barnes, et al. v. Frontera Foods, Inc., No. 16-L-0459 (Ill. Cir. Ct. – St. Clair Cnty.): putative class action asserting violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and a claim of unjust enrichment.  Plaintiffs allege Defendant’s salsa products are misleadingly labeled as containing ECJ, which is just sugar, and are marketed … Continue Reading
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