Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with Iron Milk-Based Powder contains lead. Continue Reading
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 glyphosate, a potent biocide and human endocrine disruptor, with detrimental health effects that are still becoming known.
Consumer Advocacy Group, Inc. v. Target Corp, et al., No. BC687231 (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging Defendants fail to warn consumers that their Organic Ground Turmeric product contains lead.
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
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
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 several artificial, synthetic and/or genetically modified ingredients including bleached wheat, hydrogenated soybean oil and “GMO soy.” Continue Reading
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
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 permitted.
Fromme, et al. v. Just Born, Inc., No. 2:17-cv-07373 (C.D. Cal.): Putative copycat class action asserting violations of California’s CLRA, UCL and FAL. Plaintiffs allege they were surprised and disappointed when they opened the Mike & Ike Original Fruits product to discovery that the container had more than 30% empty space, or slack-fill. Plaintiffs allege that had they known about the slack-fill, they would not have purchased Defendant’s product.
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 labels and markets its Organic Extra Virgin Coconut Oil as healthy, and as a healthy alternative to butter and other cooking oils, despite that it is actually inherently unhealthy and a less healthy alternative. The Court denied the motion based on lack of standing and declined to dismiss Plaintiff’s UCL, FAL, and CLRA claims based on the reasonable consumer test. The Court also denied the motion with respect to Plaintiff’s UCL unlawful claim, and breach of express and implied warranty claims. Continue Reading
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
Court Denies Motion to Dismiss in False Advertising Action Involving Iced Tea
Martin, et al. v. TradeWinds Beverage Company, No. 2:16-cv-09249 (C.D. Cal.): The Court entered an order denying Defendant’s motion to dismiss this putative class action for violations of California’s CLRA, UCL, FAL, and for breach of express warranty. Plaintiffs alleged that Defendants falsely advertised that its iced tea is labeled as “All Natural,” when in fact, it contains artificial coloring, caramel color.
The Court rejected Defendant’s argument that Plaintiffs’ claims are barred by the doctrines of express preemption, conflict preemption, field preemption, and implied preemption on the grounds that the FDA, vested by Congress with the sole authority to regulate the use, manufacture, and labeling of color additives, has the first and last word on the issue of color additives. Similarly, the Court rejected Defendant’s argument that its compliance with the FDA’s labeling requirements for caramel coloring provides it a safe harbor under California law. The Court also found that Plaintiffs sufficiently alleged a misleading statement. Finally, the Court denied Defendant’s motion to dismiss on the basis that the First Amendment protects its commercial speech. Continue Reading