A consumer has filed a putative class action alleging Whole Foods Market Group Inc. charged him $1.29 for snack bars despite advertising them as $1.00 each. Alston v. Whole Foods Mkt. Grp. Inc., No. 17-2580 (D.D.C., removed to federal court December 4, 2017). The plaintiff alleges that he purchased snack bars over several visits to a Whole Foods store in Washington, D.C., but did not notice until later that he had been overcharged. The complaint asserts that Whole Foods “calculated that most consumers would not notice the 29 cents overcharge, would not bother to say anything after they noticed the overcharge or that they would simply refund the overcharge if a customer requested a refund.” Claiming violations of the District of Columbia Consumer Protection Procedures Act and fraud, the plaintiff seeks class certification, damages, a $25,000 incentive award and attorney’s fees.
Category Archives Litigation
A plaintiff has filed a putative false advertising class action alleging that East West Tea Co.'s kombucha tea bags cannot feasibly be kombucha, which is a fermented product with live cultures. Cohen v. East West Tea Co., LLC, No. 17-2339 (S.D. Cal., filed November 17, 2017). The plaintiff asserts that she bought the tea product because it was labeled “organic kombucha” and expected the product to provide the health benefits of probiotic bacteria found in kombucha. The complaint argues that because kombucha is composed of fermented steeped tea, live yeast and bacterial organisms, it cannot be “dried and stuffed into a tea bag.” In addition, the complaint asserts that the company’s pasteurization process destroys the live organisms that provide kombucha’s purported health benefits. Claiming violations of California’s consumer-protection statutes and breach of express warranty, the plaintiff seeks class certification, injunctive relief, damages, corrective advertising and attorney’s fees.
The makers of vodka infused with chemicals that purportedly reduce the risk of alcohol-related damage to DNA have filed a lawsuit against the Treasury Department and the Alcohol and Tobacco Tax and Trade Bureau (TTB) seeking to include health-related claims in product labeling and advertising. Bellion Spirits, LLC, v. United States, No. 17-2538 (D.D.C., filed November 27, 2017). Bellion Spirits asserts that it develops alcohol beverages that protect against the adverse effects of alcohol with “safe additives.” The company petitioned TTB for permission to use health-related claims for vodka containing the additive NTX, according to the complaint, but TTB referred the petition to the U.S. Food and Drug Administration (FDA). Adopting FDA’s finding that the health claims were not adequately substantiated and that the protective effects of NTX were not established, TTB denied the petition. The plaintiffs allege that TTB violated federal law by deferring to FDA, which used evaluative…
Greek officials have reportedly charged seven people with criminal fraud and money laundering related to the sale of adulterated olive oil. The group allegedly added green dyes to sunflower seed oil then sold it off-market as extra-virgin olive oil. Most of the oil was sold in Greece or exported to Germany and other EU countries using invoices that were later destroyed. The Greek police reportedly became aware of the sale of adulterated oil when olive oil producers told the Hellenic Food Authority that their producer codes were being used on packages and products they did not sell.
The National Restaurant Association (NRA) has filed a lawsuit seeking to invalidate a New York City law requiring fast-food restaurants to remit voluntary deductions from employees' wages to nonprofit groups, including “ideological and political organizations with whom those employers may and do disagree.” Rest. Law Ctr. v. City of New York, No. 17-9128 (S.D.N.Y., filed November 21, 2017). NRA asserts that the city’s “Deduction Bill,” which took effect November 26, 2017, violates the free speech rights of restaurant owners by compelling them to subsidize nonprofits that advocate for labor-related issues such as higher minimum wages. The law resulted from lobbying by the Service Employees International Union (SEIU), the complaint argues, and is ultimately intended to force restaurants to allow unionization of fast-food employees. The Deduction Bill bars labor organizations from seeking remittances, but NRA asserts that “Fast Food Justice,” a group working toward registration as a qualifying nonprofit, shares a mailing…
Two grocery chains face similar lawsuits filed by a New York plaintiff who argues the stores’ websites are inaccessible to the blind or visually impaired, allegedly violating the Americans with Disabilities Act (ADA). Jorge v. Key Food Mkt., Inc., No. 17-9306 (S.D.N.Y., filed November 28, 2017); Jorge v. Fairway Grp. Holdings Corp., No. 17-9309 (S.D.N.Y., filed November 28, 2017). The complaints assert that Key Food and Fairway Market stores have failed to make their websites accessible to screen-reading software, denying the plaintiff equal access to their facilities, goods and services. Alleging violations of the ADA as well as New York state and municipal human rights laws, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
A consumer has filed a projected class action alleging Ocean Spray Cranberries’ CranGrape and CranApple juice products contain artificial flavorings despite bearing “No High Fructose Corn Syrup, Artificial Colors or Flavors" labels. Hilsley v. Ocean Spray Cranberries, Inc., No. 17-2335 (S.D. Cal., removed to federal court November 16, 2017). Originally filed in San Diego County, the complaint alleges that CranApple contains synthetic dl-malic acid made from petrochemicals but lists “malic acid”—a generic term that can be used to describe a "naturally occurring compound"—on the label. The plaintiff further alleges that CranGrape contains fumaric acid, also synthesized from petrochemicals, and that both fumaric and malic acid are used to enhance flavor. Claiming violations of California’s consumer-protection statutes as well as breach of warranties, the plaintiff seeks class certification, disgorgement, restitution, punitive damages, injunctive relief, corrective advertising and attorney’s fees.
A father has filed a lawsuit alleging that eating Dole Food Co.'s ready-to-eat salad greens caused his son to develop Listeria meningitis, leaving the son with long-term impairment of motor, cognitive and communication skills. Robinson v. Dole Food Co., No. 17-13644 (E.D. Mich., filed November 8, 2017). The complaint alleges that the son was served packaged salads at his group-care facility and developed meningitis, which the Centers for Disease Control and the Michigan Department of Community Health apparently concluded was caused by the same strain of Listeria that infected 30 people in a 2015-2016 outbreak linked to Dole salad greens. The complaint further alleges that the U.S. Food and Drug Administration (FDA) conducted an inspection of Dole’s Springfield, Illinois, facility where the bagged salads were produced and concluded that the facility violated a number of food-safety rules, including failing to test for Listeria on food contact surfaces and failing to notify FDA…
The Eleventh Circuit has denied a petition for rehearing in a putative class action against Chipotle Mexican Grill alleging false advertising related to genetically modified organisms (GMOs). Reilly v. Chipotle Mexican Grill, Inc., No, 16-17461 (11th Cir., entered November 14, 2017). The appeals court previously denied the plaintiff’s appeal from the trial court’s entry of summary judgment. The plaintiff alleged that she stopped eating Chipotle's chicken burritos after learning from the company website that although the meat and dairy products it uses are not genetically modified, “most animal feed in the U.S. is genetically modified, which means that the meat and dairy served at Chipotle are likely to come from animals given at least some GMO feed.” She began eating at a different Mexican restaurant, where she paid more for a similar chicken burrito despite the restaurant not claiming its food was non-GMO. The district court ruled that the plaintiff…
Two consumers have filed a putative class action alleging Mondelez International's Belvita breakfast foods are marketed to consumers interested in “health and wellness” but contain between 8 and 14 grams of added sugar per serving. McMorrow v. Mondelez Int’l, No. 17-2327 (S.D. Cal., filed November 16, 2017). The complaint asserts that the packaging and labeling claims are deceptively marketed to consumers as "healthy" but contribute to excess sugar consumption. Alleging violations of California’s consumer-protection laws and breach of warranties, the plaintiffs seek class certification, injunctive relief, corrective advertising, damages, restitution and attorney’s fees.
