The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is accepting public submissions of information relevant to the assessment of carcinogenicity of two chemicals—gentian violet and N-nitrohexamethyleneimine—that the agency is considering for inclusion on the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) list. Hazard identification materials for each of the chemicals will be presented at meetings of OEHHA’s Carcinogen Identification Committee. Public comments will be accepted through May 21, 2018.
Tag Archives California
A California federal court has dismissed a putative class action against Dr Pepper Snapple Group without prejudice, finding the plaintiff may be able to amend her complaint to “plausibly allege” that aspartame causes weight gain. Becerra v. Dr Pepper Snapple Grp., No. 17-5921 (N.D. Cal., entered March 30, 2018). Although the plaintiff is not required to “scientifically prove causation at the pleading stage,” the court found, the studies she cited “do not allege causation at all—at best, they support merely a correlation or relationship between artificial sweeteners and weight gain, or risk of weight gain . . . [b]ut correlation is not causation, neither for purposes of science nor the law.” The court dismissed the plaintiff’s unfair competition claims, finding her “theory of deception fails to pass the ‘reasonable consumer’ test” because Diet Dr Pepper is not marketed as a weight-loss or weight-management product and is a “diet” product in relation…
The maker of Bertolli olive oil has agreed to pay $7 million to settle a class action alleging the company misrepresented the origin and quality of its products. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., motion filed April 3, 2018). Deoleo USA previously removed the contested phrase “Imported from Italy” from the challenged products and has agreed to avoid using similar phrases, including “Made in Italy,” unless the oil is made entirely from olives grown and pressed in Italy. In addition to paying the plaintiff class $7 million, the company will bottle its extra virgin olive oil in dark green bottles to prevent light degradation, shorten the “best by” period and disclose of the date of harvest.
A consumer has filed a putative class action alleging Pabst Brewing Company LLC's Olympia beer labels falsely imply the product is brewed from artesian water in Washington despite being brewed in a facility in Los Angeles. Peacock v. Pabst Brewing Co. LLC, No. 18-0568 (E.D. Cal., filed March 15, 2018). The complaint alleges that although Olympia was originally brewed with artesian water in Washington, Pabst shifted production to California after it acquired the company in 1999. The plaintiff further argues that the beer may be brewed using chlorinated municipal water, that the brewery’s water supply has previously been contaminated with industrial solvents and that two Superfund sites are located within three miles of the brewery. According to the complaint, Olympia's website credits the Washington water for its premium taste. Alleging violations of California consumer-protection statutes, the plaintiff seeks class certification, injunctive relief, corrective advertising, damages and application of the common fund…
A consumer has filed a putative class action alleging Health-Ade LLC's kombucha contains four to five times the amount of sugar listed on its label. Gonzalez v. Health-Ade LLC, 28-1836 (N.D. Cal., filed March 23, 2018). The complaint alleges that the nutrition panels for nine of Health-Ade's products state they contain from two to four grams of sugar per 8-ounce serving, but the plaintiffs’ testing apparently indicates the beverages contain between 11 and 13 grams per serving. Claiming false and misleading advertising, unjust enrichment, breach of warranties and negligent misrepresentation, the plaintiffs seek certification of nationwide and California classes, injunctive relief, corrective advertising, damages and application of the common fund doctrine.
In-N-Out Burger has reportedly requested a restraining order against a YouTube video creator who allegedly posed as the company's CEO at two of its restaurants. The man allegedly argued with employees, demanded that kitchen employees prepare him food for a “taste test,” and took food out of a customer's hand, threw it on the floor and stepped on it. In a statement, a company executive reportedly said, “We have recently seen an increase of visitors to our stores, who are not customers but instead are intentionally disruptive and who then try to promote themselves through social media.” The lawsuit also petitions the Los Angeles Superior Court to impose a $1,000 fine for each violation of the restraining order and seeks damages of more than $25,000 for fraud, trespass, nuisance and criminal violations.
The Center for Environmental Health, the Center for Food Safety, Cultivate Oregon, and the International Center for Technology Assessment have filed a complaint for declaratory and equitable relief against Secretary of Agriculture Sonny Perdue, alleging that the U.S. Department of Agriculture's (USDA's) withdrawal of the Organic Livestock and Poultry Practices rule (OLPP) violated both the Organic Foods Production Act (OFPA) and the Administrative Procedures Act (APA). Ctr. for Envt’l Health v. Perdue, No. 18-1763 (N.D. Cal., filed March 21, 2018). The complaint alleges that USDA’s first rationale for withdrawal of the OLPP, that it lacked the authority to set standards for livestock production, is “contrary to the plain language of OFPA, which unambiguously requires USDA to promulgate additional standards for the care of livestock based on NOSB (National Organic Standards Board) recommendation." The rationale was not a permissible interpretation of the OFPA's requirements, the complaint asserts, and is arbitrary and capricious.…
A California state court has reportedly approved a class action settlement that will provide vouchers or cash to state residents who bought Safeway olive oil allegedly falsely labeled as “imported from Italy.” Kumar v. Safeway, No. RG14726707 (Cal. Super. Ct., entered March 16, 2018). The class alleged that Safeway labeled its olive oil as imported and “extra virgin” but manufactured it from olives grown and pressed outside Italy. The settlement reportedly offers class members $0.25 to $0.75 or vouchers worth up to $1.50; attorneys were awarded more than $1.4 million in fees and expenses and the named plaintiff will receive $6,490.
A California federal court has dismissed with prejudice a putative consolidated class action alleging that Quaker Oats Co. falsely advertised its instant oatmeal as containing maple syrup, finding that the plaintiffs were unable to allege conduct not preempted by the federal Food, Drug and Cosmetic Act (FDCA). In re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litig., No. 16-1442 (C.D. Cal., entered March 8, 2018). The court previously found that flavoring claims were preempted by the FDCA and the Nutritional Labeling and Education Act, but the court also allowed the plaintiffs to replead so it could consider preemption from the standpoint of maple as a sweetener. In its reconsideration, the court noted that, “to evade preemption at this stage, Plaintiffs would need to either allege that the Products’ labels violate the FDA’s sweetener requirements or raise claims that are not addressed by federal law.” Because the amended complaint did…
A consumer has filed a putative class action alleging boxes of Cookie Dough Bites, made by Taste of Nature Inc., contain up to 58 percent slack fill. Gillespie v. Taste of Nature, Inc., No. 18-2105 (C.D. Cal., filed March 13, 2018). The complaint alleges that the candies are packed in a plastic pouch inside the box that makes the box appear to be more than half full, but if the candy is removed from the pouch and poured back into the box, the box appears to be about one-third full. Claiming violations of California’s consumer-protection laws, the plaintiff seeks class certification, injunctive relief, damages, restitution and attorney’s fees.
