A Texas man alleges the tortilla chips provided for his food demonstrations were rancid and adulterated with a salt shaker and a dirty napkin, threatening his business relationships and causing him emotional distress. Henry’s Dream Distrib. v. El Matador Foods, No. 2017-46884 (Tex. Dist. Ct., Harris Cty., filed July 14, 2017). The plaintiff asserts that in two separate incidents related to tortilla chips he purchased from El Matador Foods, a salt shaker rolled out of a bag at a sales demonstration and a dirty napkin was found in a bag that held rancid chips. According to the complaint, the plaintiff suffered a stroke after the second event. Claiming breach of contract, negligence, breach of warranty, negligent misrepresentation and violations of Texas consumer protection law, the plaintiff seeks damages and attorney’s fees. Issue 641
Category Archives Litigation
World Waters, maker of WTRMLN WTR, faces a proposed class action alleging its product labeling misleads consumers into believing that the products contain mostly watermelon juice and that the beverages are “cold-pressed” rather than heat-pasteurized. Pizzirusso v. World Waters, No. 17-4071 (E.D.N.Y., filed July 8, 2017). The plaintiff first asserts that World Water “overstates” the amount of watermelon in the mixed-fruit juice beverages. The complaint further alleges that although World Waters uses “Cold Pressed” and “Cold Pressured” to describe its products and claims on its website that the beverages are not pasteurized, the cold-pressure process heats the juices in a manner comparable to pasteurization; in addition, similar products produced by competitors apparently bear the term “High Pressure Processed.” Alleging violations of New York consumer protection laws, breach of warranty, unjust enrichment and fraud, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees. Issue 641
A Tennessee federal court has ruled that a personal-injury lawsuit against Whole Foods Market can proceed because the plaintiffs did not plead that they were “practicing vegans” and therefore could not be expected to know that a vegan pizza product might contain nuts. Jones v. WFM-WO, No. 17-0749 (M.D. Tenn., order entered July 17, 2017). The plaintiff alleged that she bought two slices of “Vegan Garden Pizza” from a Whole Foods bakery, relying on the label indicating that the pizza “did not contain certain nuts and/or ingredients derived from nut products.” After her daughter ate the pizza and suffered an allergic reaction requiring hospitalization, the plaintiff called the store and talked to the department manager, who reportedly told her the pizza was “mislabeled” and that an employee had prepared it using a taco sauce containing crushed pecans. Whole Foods argued that the pizza was exempt from the warning-label requirements of…
A group of convenience-store and restaurant trade groups have filed a lawsuit to stop New York City from enforcing a municipal regulation requiring calorie and nutrition information to be posted in their establishments. Nat’l Assoc. of Convenience Stores v. New York City Dep’t of Hygiene, No. 17-5324 (S.D.N.Y., filed July 14, 2017). In 2010, the Patient Protection and Affordable Care Act (ACA) imposed new menu-labeling requirements, and the U.S. Food and Drug Administration (FDA) issued its final implementation rule for those requirements in 2014. FDA extended the compliance date for the federal rule to May 7, 2018, but on May 18, New York City Mayor Bill de Blasio announced that enforcement of the parallel city regulation will nonetheless begin on August 21, 2017. Claiming that the city regulation is preempted by the ACA, the plaintiffs seek preliminary and permanent injunctions against enforcement and a declaration that the city regulation is…
A California consumer has filed a putative class action against Dunkin’ Brands Group alleging that Dunkin' Donuts deceived customers into believing its blueberry and maple products contained “real” blueberries and maple syrup or sugar instead of artificial flavorings. Babaian v. Dunkin’ Brands Grp., No. 17-4890 (C.D. Cal., filed July 3, 2017). The plaintiff contends that the chain’s use of the terms “blueberry” and “maple” in doughnut names represent to consumers that the products contain “real ingredients” and that Dunkin’ has a duty to disclose the use of artificial flavorings. Further, the plaintiff asserts that whether the doughnuts actually contain “real ingredients” is material to a “reasonable” consumer’s purchase decision because of the antioxidant properties and health benefits of both blueberries and maple syrup. Claiming breach of warranties, breach of contract, fraud, intentional and negligent misrepresentation, quasi-contract and violations of California consumer-protection laws, the plaintiff seeks class certification, damages, restitution and…
A California man has filed a legal malpractice claim against lawyers who allegedly failed to represent him adequately in his suit against fruit processor Townsend Farms, in which he claimed he contracted hepatitis A after eating the company’s Organic Antioxidant Blend. Durrell v. Taylor, Sullivan & Mondorf, No. BC667419 (Cal. Sup. Ct., Los Angeles Cty., filed July 6, 2017). In 2013, the U.S. Food and Drug Administration announced that it was working with the Centers for Disease Control and Prevention as well as state and local officials to investigate a multistate outbreak of hepatitis A and confirmed that 162 people had become ill after eating the product. In 2014, Durrell sued Townsend Farms in Yolo County, California, and his case was later consolidated with others in Los Angeles County. The complaint alleges that his attorney failed to respond to discovery requests or motions to compel, resulting in the levy of…
Blue Buffalo Pet Products faces a proposed class action alleging that three of its dog-food products contain unsafe levels of lead despite being advertised as “healthy” and “holistic.” Zakinov v. Blue Buffalo Pet Products, No. 17-1301 (S.D. Cal., filed June 26, 2017). The plaintiff, who asserts that his four-year-old dog died from kidney disease after eating “Blue Wilderness Chicken Recipe for Small Breed Adult Dogs,” “Blue Freedom Grain-Free Chicken Recipe for Small Breed Adult Dogs” and “Blue Basics Grain-Free Turkey & Potato Recipe for Adult Dogs,” alleges that independent lab testing found the products contained between 140 and 840 parts per billion of lead. Claiming negligent misrepresentation, negligence per se and violations of California consumer protection laws, the plaintiff seeks class certification, injunctive relief, corrective advertising, restitution, disgorgement, damages and attorney’s fees. Issue 640
The Gluten Intolerance Group of North America (GIG), a nonprofit consumer-advocacy and food-safety certification group, has filed a lawsuit against celebrity chef Jamie Oliver alleging that his website displays a designation on gluten-free recipes that infringes the group’s trademarks. Gluten Intolerance Grp. of N. Am. V. Jamie Oliver Enters., No. 17-1028 (W.D. Wash., filed July 7, 2017). GIG alleges that Oliver’s website displays the letters “GF” inside a circle near gluten-free recipes, a mark which is identical or substantially similar to one of GIG’s registered word and design marks. Claiming trademark infringement, counterfeit of a registered mark, unfair competition and false designation of origin under the Lanham Act, the plaintiffs seek injunctive relief, recall of all materials using the contested mark, a public disclaimer of connection with GIG, corrective advertising, damages and a designation of the lawsuit as an exceptional case entitling GIG to an award of attorney’s fees. …
A New York plaintiff has filed a proposed class action against Dunkin’ Brands alleging the chain’s "Angus Steak" breakfast sandwiches contain beef patties rather than Angus steak. Chen v. Dunkin’ Brands, No. 17-3808 (E.D.N.Y., filed June 25, 2017). The complaint alleges that the restaurant’s “Angus Steak and Egg Sandwich” and “Angus Steak and Egg Snack N’ Go Wrap” do not contain “steak” but instead a beef patty of “minced meat which contains ‘fillers and binders.’” Claiming violations of state consumer-protection laws and the Magnuson-Moss Warranty Act, unjust enrichment, breach of warranties and negligent misrepresentation, the plaintiff seeks class certification, disgorgement, damages and attorney’s fees. Issue 640
The makers of Sensible Portions Garden Veggie Straws face a proposed class action alleging the company misrepresented the vegetable content and nutritional value of the product. Solak v. Hain Celestial Grp., No. 17-0704 (N.D.N.Y., filed June 29, 2017). The plaintiffs assert that Garden Veggie Straws are marketed as containing “garden grown potatoes [and] ripe vegetables” and display tomatoes, potatoes and spinach on the packaging, but the first ingredients listed are “potato starch, potato flour, corn starch, tomato paste and spinach powder.” In addition, the plaintiffs assert that while tomatoes and spinach are “excellent sources” of vitamins A and C, Garden Veggie Snacks contain no vitamin A and only two percent of the recommended daily amount (RDA) of vitamin C. The complaint further alleges that the snacks are advertised as containing 30 percent less fat than “the leading potato chip," but a single serving of Lay’s Classic potato chips apparently contains…
