In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their “foot long” label. The terms of the proposed settlement
Settlement
Court Rejects Class Settlement Bid in MSG Case
Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D. Cal.): Plaintiff in Peterson alleges that several of Defendant’s pre-packaged food products were mislabeled as having “NO MSG ADDED” and as “100% all natural ingredients,” when the products contain several ingredients containing MSG.
On Plaintiff’s motion, the Court denied preliminary approval of a class settlement whereby Defendant agreed to contribute $1.5 million to a Settlement Fund from which the following items would be paid: attorneys’ fees and expenses not to exceed $375,000, an incentive award to Plaintiff of $5,000, settlement administration expenses, and cash awards to class members.
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Settlement Proposed In Superfood Prop 65 Suit
Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.): In this Proposition 65 action alleging that Defendant’s nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. The terms of the settlement require Defendant to place a Proposition 65 warning…
Court Approves Settlement in Proposition 65 Suit Involving Sushi
As You Sow v. Icrest Int’t LLC, No. RG15-786176 (Cal. Sup. Ct. – Alameda Cnty.): In this Proposition 65 action alleging that Defendant’s sushi contains cadmium, the Court issued an order indicating that it approved the parties’ stipulated settlement.
The terms of the settlement are as follows: (1) Defendant will place a Proposition 65…
Court Approves Preliminary Settlement in Tortilla False Advertising Suit
Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. Cal.): In this putative class action alleging a breach of express warranty claim and violations of California’s CLRA, UCL, and FAL, based on Defendant’s failure to disclose that its “Xtreme Wellness” line of tortillas contain partially-hydrogenated oil, an artificial trans-fat food additive, the Court granted…
Court Enters Final Judgment Approving Settlement in Beck’s Beer Case
Marty v. Anheuser-Busch Co., No. 13cv23656 (S.D. Fla.): In a putative class action alleging that Anheuser-Busch misled consumers and charged a premium price for Beck’s beer by marketing Beck’s as a German beer brewed in Germany when it is manufactured in the United States with domestic ingredients, the Court entered final judgment approving settlement. …
Parties Move for Settlement Approval in Annie Chun MSG Case
Petersen v. CJ America, Inc., No. 3:14-cv-02570 (S.D. Cal.): In a putative class action alleging claims under California’s consumer protection statutes, as well as breach of express warranty, claiming that Defendant’s Annie Chun’s prepackaged food products are misrepresented as having “No MSG Added,” when in fact they contain MSG, the parties moved for preliminary…
Subway Settles Footlong Complaints
In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.): The Court granted preliminary approval to a nationwide settlement of cases alleging that Defendant misrepresents its sub sandwiches as being a “foot long” when they are actually shorter than 12 inches long. Under the settlement agreement, Defendant agreed to make…
Court Grants Preliminary Approval of Kashi All Natural Settlement
Eggnatz v. Kashi Co., No. 12-cv-21678 (S.D. Fla.): The Court preliminarily approved a settlement in this a putative class alleging that Kashi products were mislabeled as “all natural” and containing “nothing artificial” despite containing GMOs. The terms of the agreement are as follows:
Kashi will reimburse class members with proof of purchase at a rate…
Final Settlement Approval In Smoothie Kit “All Natural” Case
Lilly et al v. Jamba Juice Co., No. 13cv02998 (N.D. Cal.): The Court has granted Plaintiffs’ motion for final settlement approval for injunctive relief in a putative class action asserting claims under California’s UCL, FAL, and CLRA based on allegations that Defendants’ smoothie kits are falsely labeled as “All Natural” when in fact they…