The Ninth Circuit has denied the Council for Education and Research on Toxics' petition for an en banc reconsideration of a March 2022 decision upholding a preliminary injunction on enforcing mandated warnings on products containing acrylamide under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 21-15745 (9th Cir., entered October 26, 2022). The order denying the rehearing is brief, but one circuit judge issued a statement respecting the denial but asserting that the court should have granted the petition for rehearing. "The right to access the courts is one of 'the most precious of the liberties safeguarded by the Bill of Rights.' [] But in this opinion, without basis in law or precedent, this Court narrows that fundamental right. The panel opinion closes the courtroom doors to all those seeking to enforce provisions…
Tag Archives California
A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the company’s motion to dismiss on all but one of the plaintiff’s claims, her claim for unjust enrichment and restitution, and allowed the plaintiff to file an amended complaint. The plaintiff alleged in her February 2022 complaint that Mead Johnson engaged in misleading advertising by calling its Enfamil powdered infant products “Milk-based” when milk is one of the ingredients, not the primary ingredient by weight. The plaintiff alleged that at the time of purchase, she understood that phrasing to mean milk was the primary ingredient, but later learned the primary ingredient in the product was corn syrup…
A California consumer has filed a proposed class action against La Fermiere, alleging the yogurt maker misrepresented the origin of its products on its packaging. Manier v. La Fermiere Inc., No. 22-1894 (C.D. Cal., filed October 27, 2022). The plaintiff alleged she was misled by the product’s packaging into believing the yogurt she bought was made in France, and she would not have purchased the company’s yogurt had she been aware of the misrepresentations. According to the complaint, the defendant runs U.S. operations for a French-based company that manufactures, labels, distributes and sells yogurt in France and throughout Europe. It also manufactures, labels, distributes and sells yogurt products in the United States. "Defendant’s marketing, labeling and sale of the Products misleads a reasonable consumer to believe that the yogurts are made in France, by using the words 'Naturally French' on the front label," she asserted in the complaint. "Consumers interpret that…
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product packaging contained statements about nutrition content, such as “3g of Protein, 4g of Fiber and 300mg Omega-3 from Chia ALA,” that constitute “nutrient content claims” in violation of U.S. Food and Drug Administration regulations. They alleged that Sprout violated the California False Advertising Act, the California Consumer Legal Remedies Act and the California Unfair Competition Law (UCL). They also brought claims of common-law fraud and unjust enrichment. In reviewing the plaintiffs’ fraud claims, the court found that the plaintiffs claim to make two showings: that the labels communicate a message that the products provide physical…
A California woman has filed a proposed class action against Danone Waters of America, alleging its Evian Natural Spring Water product packaging made misleading representations about being carbon neutral. Dorris v. Danone Waters of America, No. 22-8717 (S.D.N.Y., filed October 13, 2022). The plaintiff noted in her suit that the defendant represents on all versions of its Evian packaging that the product is “carbon neutral.” As a result, she asserted that reasonable consumers would believe the manufacturing of the product is sustainable and does not leave a carbon footprint, but that impression is false. “Defendant’s manufacturing of the Product still causes carbon dioxide ('CO2') to be released into the atmosphere,” she said in the complaint. “Accordingly, the carbon neutral claim is false and misleading because the Product’s manufacturing process is not carbon neutral, and consumers would not have purchased the Product, or paid substantially less for it, had they known…
A California federal court has denied a motion to dismiss a lawsuit alleging Barilla America Inc. misled consumers as to the source of its pasta products by marketing them as "Italy's #1 Brand of Pasta." Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., entered October 17, 2022). The court first held that the plaintiffs had standing to sue because the "allegations are sufficient to establish an economic injury for purposes of constitutional standing," but it found that the plaintiff lacked standing for injunctive relief. Turning to whether a reasonable consumer could be misled by Barilla's claims, the court was unpersuaded by Barilla's argument that "it is not misleading to invoke the company’s Italian roots 'through generalized representations of the brand as a whole.'” "Barilla asks the court to assume that consumers would solely perceive the Challenged Representation to mean that the products at issue are part of the Barilla brand,…
A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan and marketing used to tout its beef products as antibiotic-free misrepresented what consumers were actually getting in their beef purchases. “The reality is starkly different: Whole Foods sold Beef Products without taking effective measures to ensure that they came from cattle raised without antibiotics,” the plaintiffs asserted, pointing to independent testing which they say shows evidence of antibiotic residue in Whole Foods’ beef products. The plaintiffs noted in the complaint that consumer demand has risen in recent years for antibiotic-free meat. Consumers are also increasingly willing to pay a premium for it, the plaintiffs asserted,…
Two consumers have filed a putative class action alleging that Barilla America Inc. markets its pasta to incorrectly imply that the products are made in Italy. Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., filed June 11, 2022). The complaint asserts that consumers seek "authentic Italian-made pastas" because they "hold a certain prestige and [are] generally viewed as a higher quality product." The plaintiffs argue that Barilla's statement "Italy's #1 Brand of Pasta," which appears prominently on its product packaging, leads consumers to believe that the products are made in Italy rather than New York and Iowa. Further, the company's website describes it as "an Italian family-owned food company" and emphasizes that "Italians know the familiar Blue Box means quality, perfectly al dente pastas every time. That's why Barilla has been an Italian favorite for over 140 years, and continues to be the #1 pasta in Italy today." For alleged…
Clif Bar & Co. has submitted a settlement agreement to a California federal court seeking approval to settle a class action alleging that Clif Bars are misleadingly marketed as healthy despite containing levels of sugar beyond what consumers would expect healthy foods to contain. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., filed June 23, 2022). In addition to establishing a $10.5-million fund, Clif will "make significant changes to the labeling and packaging of its original Clif Bars and Kid ZBars," according to the agreement. The changes include refraining from use of "nutrition," "nutritious" and "nourishing kids in motion" on Clif Bar packaging "so long as 10% or more of [a bar's] calories come from added sugars." The class includes customers who purchased Clif Bars between April 19, 2014, and June 23, 2022, and claimants will be divided into quintiles with varying levels of awards depending on degrees of…
Beyond Meat Inc., producer of plant-based meat substitute products, has been hit with two lawsuits in the same week—one filed by a competitor and another filed by a group of consumers. Roberts v. Beyond Meat Inc., No. 22-2861 (N.D. Ill., E. Div., filed May 31, 2022); Don Lee Farms v. Beyond Meat Inc., No. 22-3751 (C.D. Cal., filed June 2, 2022). The complaints make similar allegations, asserting that Beyond Meat "miscalculates and overstates the Products' protein content" as well as the quality of the protein. "Beyond Meat goes the extra mile to represent that the Products are the 'future of protein' and claims that eating the Products allows consumers to get high-quality protein in their diet while simultaneously helping the environment," the consumer complaint argues. Both complaints describe the process of testing Beyond Meat's products to ascertain the protein content of the products, allegedly finding that most of the products contained…
