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New Filings for November 11, 2016

McCartney v. Whole Foods Market California Inc., et al., No. CGC-16-555096 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its Himalayan Bulk Goji Berries contain lead. Scholder v. Ebro North America, et al., No. 2:16-cv-6002 (E.D.N.Y.): Putative class action alleging Defendant advertises and promotes its wheat pasta … Continue Reading

Court Dismisses Equitable Relief Claims in Octopus False Ad Case

Fonseca v. Goya Foods, Inc., No. 5:16-cv-02559 (N.D. Cal.): The Court entered an order granting in part Defendant’s motion to dismiss this putative class action for breach of express and implied warranties, breach of the implied warranty of fitness, unjust enrichment, and violations of California’s CLRA, UCL, FAL, negligent misrepresentation, and fraud, which alleged that … Continue Reading

New Filings for September 12, 2016

Environmental Research Center Inc. v. BPI Sports LLC, No. RG-16-830792 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its food products contain lead. Benson v. Wheat Montana Farms, Inc., No. RIC-1611718 (Cal. Super. Ct. – Riverside Cnty.): False advertising class action. Plaintiff alleges that Defendant advertises its pancake … Continue Reading

New Filings for September 12, 2016

Tamar Kaloustian v. Navitas LLC., No. CGC-16-553700 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging defendant Navitas LLC does not warn about lead in Navitas Naturals Organic Mulberry Berries. Plaintiff is represented by the KJT Law Group.  Complaint. Guerra v. Hero Nutritionals, Inc., No. 2:16-cv-04563 (E.D.N.Y.): Putative class action asserting a violation … Continue Reading

New Filings For August 29, 2016

Berni, et al. v. Barilla S.P.A., et al¸ No. 1:16-cv-4196 (E.D.N.Y.): Putative class action asserting a violation of New York GBL 349 and raising a claim of unjust enrichment, based on the claim that Defendants misleadingly market their “Whole Grain” and “Protein Plus” varieties of pasta by packaging them in boxes that are the same … Continue Reading

New Filings For July 27, 2016

Backus v. Biscomerica Corp.,  No. 3:16-cv-3916 (N.D. Cal.): Putative class action alleging Defendant uses dangerous partially hydrogenated oils in its packaged cookie products when safe, low-cost and commercially acceptable alternatives exist.  Complaint.… Continue Reading

New Filings For July 13, 2016

Cumming v. Betterbody Foods & Nutrition LLC, No. 37-2016-19510-CU-BT-CTL (Cal. Super. Ct. – San Diego Cnty.):  Putative class action alleging violations of California’s UCL, CLRA, and FAL, and raising claims for breach of warranty (express and implied merchantability).  Plaintiff contends Defendant misleadingly labels and markets its coconut oil product as “inherently healthy, and a healthy … Continue Reading

National GMO Labeling Standard on the Horizon

Yesterday lawmakers on the Senate Agriculture Committee reached a bipartisan agreement to require labeling of foods with genetically engineered ingredients.  The law would set a mandatory national system for disclosure on food products and will preempt states from enacting their own labeling standards regarding genetically engineered food products.… Continue Reading

Perkins Coie Crafts Victory for MillerCoors

On June 16, 2016, Evan Parent’s claims fell flat for the second time in a closely watched consumer class action alleging that MillerCoors falsely represents that Blue Moon beer is brewed by a small, independent microbrew. In October 2015, U.S. District Judge Gonzalo P. Curiel dismissed Parent’s original complaint accusing MillerCoors of deceptively representing Blue … Continue Reading

DOJ’s Focus on Food Safety and Corporate Executives

On April 29, 2016, Dole Foods Company announced that the Department of Justice (DOJ) had launched an investigation concerning listeria outbreaks at certain Dole plants.  The investigation comes on the heels of a number of high profile DOJ probes into outbreaks of food-related illnesses, most recently Blue Bell Creameries, and continues the DOJ’s recent trend towards … Continue Reading

New Filings for May 19, 2016

Hu v. Golden Orchid, Ltd. et al¸ No. 1:16-cv-2234 (E.D.N.Y.): putative class action asserting violations of multiple states’ consumer protection statutes and raising claims for breach of express warranty and unjust enrichment.  Plaintiff claims Defendants misleadingly market their jarred preserved food products (e.g., picked cucumber and chili radish) as “preservative free,” although the products contain … Continue Reading

Court Denies Motion to Stay Personal Care Products Case Pending Jones v. ConAgra

Balser et al v. The Hain Celestial Grp., Inc., No. 2:13-cv-5604 (C.D. Cal.):  The Court issued an order denying Defendant’s motion to stay this putative class action alleging that the use of the word “Natural” on some of the labels of Defendant’s “Alba Botanics” line of personal care products is misleading because the products contain … Continue Reading

New Filings For May 9, 2016

Bowring v. Sapporo U.S.A., Inc., No. 1:16-cv-1858 (E.D.N.Y.): Putative class action asserting violations of New York’s consumer protection statutes and claims of negligent misrepresentation, fraud, and unjust enrichment. Plaintiff alleges Defendant has misled consumers into believing its Sapporo brand beer is manufactured in and imported from Japan, when the beverage is brewed in the United … Continue Reading

New Filings for April 22, 2016

Kremmel v. Pac. Foods of Or., Inc.¸ No. 16L156 (Ill. Cir. Ct. – St. Clair Cnty.): Putative class action asserting a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and a claim of unjust enrichment. Plaintiff alleges that Defendant misrepresented certain of its non-dairy beverage products (Hemp and Hazelnut) as being “all … Continue Reading

New Filings for April 15, 2016

Sims v. Albertson, LLC et al, No. 1:16-cv-10553 (D. Mass.):  Copycat putative class action asserting claims for breach of warranty (express and implied merchantability), and unjust enrichment. Plaintiff alleges Defendants have falsely advertised their grated parmesan cheese products as containing “100% parmesan cheese,” when the products contain significant amounts of adulterants and fillers, including cellulose, a … Continue Reading

New Filings for April 12, 2016

Brady v. Bayer AG, No. 30-2-16-00839608 (Cal. Super. Ct. – Orange Cnty.): Putative class action asserting violations of California’s CLRA and UCL, and raising a claim for unjust enrichment.  Plaintiff alleges that Defendant falsely labels its “One A Day” brand of chewable supplements, because the consumer must take two of the supplements a day to … Continue Reading

Court Finds Plaintiff Lacks Standing To Bring Labeling Claims Because She Was Too Busy To Inspect The Ingredients Of Her Food Purchases

Hawkins v. The Kroger Co., No. 3:15-cv-02320 (S.D. Cal.): The Court granted Defendant’s motion and dismissed (with prejudice) this putative class action asserting violations of California’s consumer protection statutes and warranty claims. Plaintiff claimed Defendant’s bread crumb products were misbranded because they were labeled “0g Trans Fat” although the products contain partially hydrogenated oil (“PHO”). … Continue Reading

New Filings for April 8, 2016

Consumer Advocacy Grp. v. Hanham Chain USA, Inc., No. BC612916 (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging that Defendants’ Haemirae Seasoned Seaweed products contain lead. Complaint. Consumer Advocacy Grp. v. Hoa Binh Pomona Supermarket, No. BC612916 (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging that B&C Roasted Seaweed … Continue Reading

Court Denies Motion for Judgment on the Pleadings in False Advertising Action Over Soft Drinks

Cortina v. Goya Foods, Inc., No. 3:14-cv-00169 (S.D. Cal.): The Court denied Defendant’s motion for judgment on the pleadings in this putative class action asserting violations of California’s consumer protection statutes (FAL, CLRA, UCL). Plaintiffs allege Defendant failed to disclose certain information about the 4-MEI contained in its Malta Goya soft drinks.  The Court declined to … Continue Reading

Court Dismissed False Advertising Suit Involving Coffee Creamer With Prejudice, After Finding Claims Preempted by Federal Law

Backus v. Nestle USA, Inc., No. 3:15-cv-1963 (N.D. Cal.): The Court granted Defendant’s motion to dismiss with prejudice in this putative class action asserting violations of California’s consumer protection statutes and common law warranty claims based on the contention that (1) Nestle misleadingly represents that its Coffee-mate creamer products contain “0g Trans fat” and (2) the … Continue Reading

New Filings for April 4, 2016

Lee v. Kraft Heinz Foods Co.¸ No. 3:16-cv-536 (N.D. Ohio): Copycat putative class action asserting violations of Ohio’s Deceptive Trade Practices Act, the Magnusson-Moss Warranty Act, and raising a claim of unjust enrichment. Plaintiff alleges Defendant has falsely advertised its grated parmesan cheese products as “100% parmesan cheese,” although the products contain significant amounts of … Continue Reading

New Filings for March 7, 2016

Lewin v. Kraft Heinz Foods Co., No. 3:16-cv-823 (N.D. Cal.): Putative class action alleging violation of California’s CLRA, UCL, and FAL, as well as claims for breach of warranty (express and implied merchantability), fraud, and negligent misrepresentation, based on the allegation that Defendant has falsely advertised its grated parmesan cheese products as containing “100% parmesan … Continue Reading
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