Category: Slack-Fill

Subscribe to Slack-Fill RSS Feed

PC Food Litigation Index: June 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. Consumers continued to challenge the “all natural” labels on products that contain the popular ingredient … 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

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 – 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 – 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

Rulings, Orders, Settlements – October 9, 2017

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss this putative class action for violation of California’s CLRA, UCL, FAC and breach of express and implied warranties. Plaintiff alleges Defendant misleadingly … Continue Reading

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 … Continue Reading
LexBlog