France's Institut National de l'Origine et de la Qualité has filed an opposition with the U.S. Trademark Trial and Appeal Board contesting Teastream LLC's application to register "Champagne's Sober Cousin" for tea products. Institut National de l'Origine et de la Qualité v. Teastream LLC, No. 91241975 (T.T.A.B., opposition filed June 25, 2018). The French agency asserts that the mark would infringe on the country's protected designation of origin for sparkling wines from the Champagne region, allegedly resulting in "dilution by blurring and by tarnishment" of a famous mark. Meanwhile, France's Directorate General of Competition, Consumer Affairs and Fraud Control has reportedly investigated "anomalies, deceptions and fraud" in the sale of Spanish wine. The investigation purportedly found that several merchants sold as many as 10 million bottles of Spanish wine as French by falsely marking the bottles with "vin du France" or misleadingly marketing them with French elements, such as the…
Seattle's ban on plastic straws and utensils took effect July 1, 2018, after the expiration of an exemption in a 2008 law requiring one-time-use food-service items to be compostable or recyclable. The law, which includes a medical necessity exception, can impose fines of $250 on businesses that fail to comply. Other U.S. cities have considered similar bans on plastic straws, including Washington, D.C.
A consumer has filed a putative class action alleging Trader Joe's Co. misleads consumers with its alkaline water, which the company purportedly markets as "ionized to achieve the perfect balance." Weiss v. Trader Joe's Co., No. 18-1130 (C.D. Cal., S. Div., filed June 26, 2018). The complaint asserts that Trader Joe's charges a premium for its alkaline water despite that "no genuine scientific research" supports the representations, including that the pH level of "9.5+" can provide additional hydration and balance out the acidity of certain foods. The plaintiff seeks class certification, injunctive relief, damages and attorney's fees for alleged violations of California's consumer-protection statutes.
Researchers at the University of Vermont have published the results of a study comparing consumer attitudes towards genetically modified organisms (GMOs) before and after implementation of the state's labeling mandate. Jane Kolodinsky et al., "Mandatory labels can improve attitudes toward genetically engineered food," Science Advances, June 27, 2018. Funded in part by the U.S. Department of Agriculture, the study reported that opposition to GMO food in Vermont dropped by 19 percent after the label law took effect. "Our findings put to bed the idea that GMO labels will be seen as a warning label,” one researcher was quoted as saying in a press release. “What we’re seeing is that simple disclosures, like the ones implemented in Vermont, are not going to scare people away from these products.”
Federal prosecutors in Chicago are seeking an injunction against Kingdom Farms Wholesale Meats Inc. for allegedly packaging, selling and transporting products without federal marks of inspection and required labeling. U.S. v. Kingdom Farms Wholesale Meats Inc., No. 18-4155 (N.D. Ill., filed June 14, 2018). The complaint asserts that Kingdom Farms removed products from properly labeled shipping containers and repackaged and sold them without inspection marks and labeling, applied inspection labeling without authorization, and reused properly labeled shipping containers without authorization. The U.S. Attorney's Office alleges the defendants’ actions violated the Poultry Products Inspection Act and the Federal Meat Inspection Act and seeks a permanent injunction restraining them from misbranding or mislabeling products and compelling their compliance with the laws.
A federal court in Texas has granted partial summary judgment to WFM Private Label L.P., a subsidiary of Whole Foods Market Inc., in a contract dispute related to 365 Everyday Value Greek yogurt's sugar content. WFM Private Label, L.P., v. 1048547 Ontario Inc., No. 14-1013 (W.D. Tex., entered June 18, 2018). Whole Foods hired Skotidakis Goat Farm (SGF) to supply Greek yogurt products for the 365 Everyday Value brand, and SGF provided the company with nutritional information. SGF later received additional lab results indicating a higher sugar content than previous testing indicated, but it did not notify Whole Foods of the new results until a few days before Consumer Reports published an article alleging that the company's plain yogurt contained five times the sugar content listed on the product labeling. Eleven putative class actions were filed against Whole Foods; according to the vendor agreement, SGF had an obligation to indemnify Whole Foods in the lawsuits.…
Two consumers have filed a putative class action alleging that Eden Creamery "underfills its 'pints' of ice cream"—“[d]ramatically so at times, and as a course of business." Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, "Purchasers of the premium-priced ice cream simply have no idea how much ice cream they will get each and every time they buy a Halo Top 'pint.' And Halo Top has been doing this for years." The "amount of underfilling appears to be random to consumers" and "appears to be unrelated to flavor of ice cream or the location of purchase," the plaintiffs assert. The complaint also points to a form allegedly created by Halo Top that allows consumers to report underfilled containers to argue that Halo Top knows of its alleged underfilling practices. The plaintiffs allege violations of California's consumer-protection statutes and seek class certification, damages, an…
A Missouri federal court has dismissed with prejudice a putative class action alleging Dr Pepper Snapple Group Inc. mislabels Canada Dry Ginger Ale because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered June 21, 2018). The court approved a stipulated voluntary dismissal filed by the named plaintiff. In April 2018, the court denied the beverage maker’s motion to dismiss, finding the plaintiff had adequately pleaded all of the seven counts alleged.
A consumer has filed a lawsuit alleging that the packaging for Chicago Bar Co.'s RXBAR misleads consumers about the ingredients of the product. Pizzirusso v. Chicago Bar Co., No. 18-3529 (E.D.N.Y., filed June 15, 2018). RXBAR and RXBAR Kids products feature a list of ingredients on the front of the package—for example, the blueberry flavor's packaging reads, "3 Egg Whites, 6 Almonds, 4 Cashews, 2 Dates, No B.S."—with an additional ingredient list on the back of the package. According to the complaint, both lists obscure the actual ingredients; rather than egg whites, the plaintiff argues, RXBARs contain egg white protein powder, which a previous version of the packaging allegedly named. "[P]arents correctly wouldn't want to buy their young children foods which contained concentrated protein powders, for a variety of reasons related to normal adolescent and child development," the plaintiff argues. Further, the "fruit pieces incorporated into the Products are 'infused' (flavored)…
A woman has filed a lawsuit alleging that she contracted Salmonella Mbandaka after consuming Kellogg Co.'s Honey Smacks cereal. Lemieux v. Kellogg Co., No. 18-0682 (W.D. Mich., filed June 20, 2018). The infection is apparently part of an outbreak of Salmonella that began in March 2018 that has infected 73 people in 31 states. The plaintiff alleges that after eating Honey Smacks every morning for two weeks, she "lost her appetite entirely," experienced "agonizing abdominal craps" and had a fever of 104 degrees. For allegations of strict liability, negligence and breach of warranty, the plaintiff seeks damages of more than $25,000 and attorney's fees.
