A salesman has reportedly filed a discrimination lawsuit against his former employer in a New York state court alleging that the employer, who had invited the salesman to return to his job in a frame shop, asked him to leave when he saw how much weight the salesman had gained since leaving the shop in 2008. Bogadanove v. Frame It In Brooklyn, No. ___ (N.Y. Sup. Ct., Kings Cty., filing date n/a). According to the complaint, former employer Jerry Greenberg took one look at Seth Bogadanove on his return and said “Oh my God, what happened to you, you got so fat!” When Bogadanove attempted to explain that medication he was taking caused the weight gain, Greenberg allegedly said, “Oh my God, I am so sorry, I can’t use you, there is no way you can work here at your size. You wouldn’t fit between the aisles.” Bogadanove then purportedly…
Category Archives Issue 488
According to news sources, the companies that make 5-Hour Energy have filed a complaint in an Oregon state court seeking a declaration that the Oregon Department of Justice (DOJ) is not entitled to what the companies contend are trade secrets, that is, the amounts of ingredients used to make the energy shots. Oregon’s DOJ is apparently part of an executive committee leading a 33-state investigation into Innovation Ventures, LLC and Living Essentials, LLC and has demanded a list of ingredients, including their amounts, to decide whether the companies were justified in claiming that use of the product does not lead to a “crash.” While the companies reportedly provided the DOJ with copies of materials submitted to the National Advertising Division of the Council of Better Business Bureaus to support their ad claims in 2007, they redacted the amounts, but not the ingredients, claiming that they are “highly confidential and proprietary…
Three putative class action lawsuits have been filed against Kellogg Co. in a California federal court alleging that the company misleads consumers by labeling its Super Mario Fruit Snacks® and Pop Tarts® as “Made with Real Fruit.” Spevak v. Kellogg Co., No. 13-2767, Barnes v. Kellogg Co., No. 13-2768, Ford v. Kellogg Co., No. 13-2770 (N.D. Cal., filed June 14, 2013). Each plaintiff is represented by Benjamin Lopatin in the Law Offices of Howard Rubinstein. Plaintiff Alicia Spevak alleges that the “real fruit” claim is misleading because the fruit snack product “merely contains de minimis real fruit and unhealthy, unnatural ingredients, chemicals and preservative additives, in addition to merely containing apple puree rather than real fruit, which a reasonable consumer would not expect from a product claiming to be ‘Made with Real Fruit.’” Spevak seeks to represent a class of California product purchasers and alleges unfair, fraudulent and unlawful business practices; false and…
The parent of a 14-year-old with type 2 diabetes has sued several companies that make high-fructose corn syrup (HFCS), alleging that the substance is “toxic” and its consumption caused the teen’s disease. S.F. v. Archer-Daniels-Midland Co., No. 13-634 (W.D.N.Y., filed June 17, 2013). The complaint details the purported effects of HFCS on the human body, asserting that it is associated with metabolic disease, liver inflammation and insulin resistance, chronic hyperinsulinemia, and type 2 diabetes. It also alleges that the fructose in HFCS “‘tricks’ the brain into wanting more food and stimulates excessive and continued consumption” and that it “bypasses the insulin-driven satiety system, suppressing ‘the degree of satiety’ that would normally result from a meal of glucose or sucrose, thereby causing and contributing to over consumption on a chronic basis with the adverse effects therefrom including the development of type 2 diabetes.” Alleging that HFCS use and consumption have “become nearly…
A federal court in California has denied the defendant’s motion to dismiss a putative class action alleging that the company misleads consumers by claiming that its Smart Balance® butter products contain plant sterols that can block the absorption of cholesterol; according to the plaintiff, a single serving of the product contains insufficient sterols to achieve the stated benefit. Aguilar v. Boulder Brands, Inc., No. 12-1862 (S.D. Cal., order entered June 10, 2013). Among other matters, the court determined that the named plaintiff had standing to assert claims involving two products that she did not purchase, because the products “advertise the same health benefits arising from the same additional ingredients found on the label in the same position” as the product she did purchase. According to the court, her ability to represent class members allegedly injured by similar products must be analyzed under Rule 23 and not on a motion to…
The European Parliament has reportedly passed legislation regarding the labeling and content of baby formula and other foods for special medical purposes. Included in the new rules, which reportedly take effect in 2016, is a ban on the use of images of babies on infant formula packaging. Specifically, the new rules state that the labeling, presentation and advertising of infant formula and follow-on formula (for babies ages 6 to 12 months old) must not include “pictures of infants, or other pictures or text which may ideali[z]e the use of such formula[]” in order “not to discourage breast-feeding.” Graphic representations intended for “easy identification of the formula and for illustrating methods of preparation” will evidently still be permitted. See European Parliament News Release, June 11, 2013.
The World Health Organization (WHO) has published a new report, “Marketing of foods high in fat, salt and sugar to children,” that calls the marketing of “unhealthy” foods to children “disastrously effective,” alleging the food industry is driving rising obesity rates in children by using “cheap new marketing channels, such as social media and smart phone apps” to promote fat-, salt- and sugar-laden foods. “Millions of children across the European Region are subjected to unacceptable marketing practices,” said Zsuzsanna Jakab, WHO regional director for Europe. “Policy simply must catch up and address the reality of an obese childhood in the 21st century. Children are surrounded by adverts urging them to consume foods high in fat, sugar and salt, even when they are in places where they should be protected, such as schools and sports facilities.” According to a WHO news release, although all 53 member states in the European Region…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service has reportedly approved a Non-GMO Project certification seal and “Non-GMO” statement on labels for products from animals that did not consume feed containing genetically modified (GM) ingredients, such as corn, soy and alfalfa. The certification will attest that the meat, poultry and liquid egg products meet the third-party certifying organization’s standards, which USDA vetted before approving the label. The agency action followed a petition filed by the owner of Mindful Meats, which makes and sells organic grass-fed beef to Northern California restaurants and retailers, and two other companies, Hidden Villa Ranch and Pitman Farms. According to Mindful Meats’ statement, “this is the first time that a U.S. government agency has approved a non-GMO label for beef.” See The New York Times, June 20, 2013; Mindful Meats Blog, June 21, 2013.
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