A consumer has filed a putative class action alleging that Stremick's Heritage Foods misrepresents its Kern's juice as a "healthful, natural juice product made solely from fresh fruits" despite being "almost entirely sugar-water, with a small amount of fruit juice added for color and texture." Levin v. Stremick's Heritage Foods, No. 18-1748 (C.D. Cal., filed September 26, 2018). The complaint alleges that the juices "consist of 70% water and high fructose corn syrup, topped with 30% or less of the juice of the fruit for which the Products are named." The complaint also alleges that "pictorial representations" of "life-like" fruits on the packaging mislead consumers about the beverages' juice content. The plaintiff further argues that the products contain "massive amounts of refined sugar. The 'Apricot Nectar' Product, for example, contains 47 grams of sugar per serving—more than Grape Kool-Aid." According to the complaint, the juices are not healthful because excess…
Category Archives Litigation
A consumer has filed a putative class action alleging that Barilla America Inc. misleads consumers because its pasta sauces, which are labeled as including "No Preservatives," contain citric acid. Kubilius v. Barilla Am. Inc., No. 18-6656 (N.D. Ill., E. Div., filed October 1, 2018). The complaint contends that several authorities identify citric acid as a preservative, including "insiders in the preservative manufacturing and distribution industries" and the U.S. Food and Drug Administration, which allegedly "expressly classifies citric acid as a preservative in its Overview of Food Ingredients, Additives, and Colors." The plaintiff seeks class certification, damages, restitution, injunctions and attorney's fees for allegations of fraud and violations of New York and Illinois consumer-protection statutes.
A Colorado federal court has dismissed the U.S. Equal Employment Opportunity Commission's (EEOC's) lawsuit alleging JBS USA discriminated against Muslim workers by denying prayer breaks. EEOC v. JBS USA, No. 10-2103 (D. Colo., entered September 24, 2018). The court found that EEOC failed to prove that JBS suspended or fired the workers in an effort to deny requested religious accommodations. A Nebraska court dismissed similar claims against the company in October 2013.
A New York federal court has dismissed a putative class action alleging that Dunkin' Brands Inc. misled consumers by marketing a sandwich and a wrap as containing "Angus steak." Chen v. Dunkin' Brands, Inc., No. 17-3808 (E.D.N.Y., entered September 17, 2018). The court first dismissed the claims brought by a non-resident of New York, finding it did not have jurisdiction to consider them. The court also dismissed the resident plaintiff's breach-of-warranty allegation under the Magnuson-Moss Act, holding that the description "Angus beef" is "'at most' a 'product description,' not a written warranty." Turning to the state-law claim of deceptive practices, the court disagreed with the plaintiff's argument that a reasonable consumer would interpret "Angus steak" as "an intact cut of meat," finding that the television commercials show "zoomed-in pictures of the sandwich and wrap, with ground-meat patties." The plaintiff also asserted that the beef patties contained additives and preservatives, which…
Whole Foods Market Inc. has reportedly obtained a restraining order against Direct Action Everywhere, an activist group that was apparently planning a "week-long occupation" of a Whole Foods location in Berkeley, California. The group has previously targeted the company with protests challenging its "free-range" labels on chicken and alleging its vendors treat animals inhumanely on factory farms. The California Superior Court of Alameda County has reportedly restrained any member of Direct Action Everywhere from entering the Berkeley Whole Foods.
Two California courts have dismissed lawsuits brought by a competitor alleging kombucha companies misrepresented the amount of sugar and alcohol in their products. Tortilla Factory LLC v. Rowdy Mermaid Kombucha LLC, No. 18-2984 (C.D. Cal., entered September 11, 2018); Tortilla Factory LLC v. Better Booch LLC, No. 18-2980 (C.D. Cal., entered September 13, 2018). In April 2018, Tortilla Factory filed several lawsuits alleging that a number of its competitors, including Rowdy Mermaid Kombucha and Better Booch, misrepresent the alcohol and sugar content in their beverages in violation of federal law. The court in Rowdy Mermaid found that Tortilla Factory did not suffer an injury from Rowdy Mermaid's conduct; while the plaintiff argued that the companies are "vying for the same dollars from the same consumers," it failed to argue that "the two companies' products are sold in the same stores, through the same channels, or even in the same geographic…
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging that Del Taco LLC failed to provide "a conciliation agreement acceptable to the Commission" following allegations of discriminatory practices against female employees. EEOC v. Del Taco LLC, No. 18-1978 (C.D. Cal., filed September 17, 2018). Allegations include sexual harassment of female employees by male shift leaders and general managers. The complaint asserts that after Del Taco was notified of the alleged harassment, it "failed to take prompt and effective remedial action reasonably calculated to end the harassment," including "failing to conduct an adequate investigation," "failing to adequately discipline harassing supervisors and/or coworkers," "failing to follow complaint procedures and take sexual harassment complaints seriously" and "actively deterring employees from making sexual harassment complaints." EEOC seeks class certification for the female employees and asks the court to compel Del Taco to "institute and carry out policies, practices, and programs to…
The U.S. Court of Appeals for the Ninth Circuit has rejected a class member's objection to a settlement between Salov North America Corp. and a class of Filippo Berio olive-oil purchasers. Kumar v. Salov N. Am. Corp., No. 17-16405 (9th Cir., entered September 11, 2018). The appeals court held that the district court properly found the settlement "fair, reasonable, and adequate" after considering "the strength of the plaintiffs' case and the risk involved with further litigation."
Trader Joe's has agreed to pay $1.3 million to settle allegations that it underfills its five-ounce tuna cans. In re Trader Joe's Tuna Litig., No. 16-1371 (C.D. Cal., motion filed September 14, 2018). Under the agreement, class members will receive $29, which will be diluted pro rata if the total amount of claims exceeds the available funds. According to the motion for preliminary approval, the plaintiffs' investigation included "commissioning pressed weight testing of Trader Joe's Tuna and reviewing numerous pressed weight test reports in cooperation with qualified experts from the U.S. National Oceanic and Atmospheric Administration."
A consumer has filed a putative class action alleging that Kind LLC misleadingly markets its products as made from whole fresh fruits. Song v. Kind LLC, No. 18-4982 (E.D.N.Y., filed September 4, 2018). The complaint asserts that the product names and descriptions "use collective names to refer to their components” because they are allegedly made from processed fruit, “by-products or processed derivative ingredients.” The plaintiff also argues that the visual representations on the packaging “emphasize their equivalence to whole fruits.” The complaint further asserts that tropical fruits used in the products are dried using osmotic dehydration, which purportedly treats the fruits with added sugars. In addition, the plaintiff alleges that Kind uses ascorbic acid as a preservative but does not list it among the ingredients. Claiming violations of New York’s General Business Law, negligent misrepresentation and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
