A federal court in New Jersey has issued a preliminary order granting certification of a nationwide class for settlement purposes in litigation against Unilever U.S., Inc., alleging that reduced-calorie labels for its Breyers Smooth & Dreamy Ice Cream® violated consumer fraud law. Ercoline v. Unilever U.S., Inc., No. 10-01747 (D.N.J., order filed October 4, 2010). The class consists of all U.S. purchasers of Breyers and Unilever branded ice cream products represented as reduced-calorie since April 2004. The court also approved the form and content of the class notice and will allow settlement class members to opt out if they make the request at least 20 days before the final approval hearing, scheduled for March 21, 2011. Objections to the proposed settlement must be filed within 45 days of the class notice publication. According to a news source, Unilever continues to deny that it misrepresented the calorie content of its ice cream…
Tag Archives New Jersey
The Third Circuit Court of Appeals has allowed claims filed by New Jersey blueberry farmers to proceed against the company that makes a pesticide which allegedly damaged their crops, finding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt their lawsuit. Indian Brand Farms, Inc. v. Novartis Crop Protection, Inc., No. 08-4484 (3d Cir., decided August 10, 2010). The company changed its pesticide in 1997, and plaintiffs used it the same way they had successfully used prior products, mixing it with fungicides before applying it to their crops. The company’s marketing brochure for the reformulated product said it was safer and more effective and had the same powerful product performance. The brochure contained no instructions for the product’s use, and the product label did not indicate that one of its inert ingredients was an ionic surfactant nor that it should not be mixed with fungicides. The product containing the…
A U.S. magistrate judge in New Jersey has issued an order staying a case that alleges “natural” labeling for Snapple beverages is misleading because the product contains high-fructose corn syrup (HFCS), which plaintiffs contend is not an all-natural ingredient. Holk v. Snapple Beverage Corp., No. 07-3018 (D.N.J., order entered August 10, 2010). The parties drew the court’s attention to a stay issued in similar litigation involving Arizona Iced Tea® beverages. Additional information about that case appears in Issue 356 of this Update. The stay will remain in effect for six months, pending a Food and Drug Administration (FDA) review of the matter. “That time period may be extended for good cause shown, in the event the FDA shows a willingness to consider this issue but needs more time to do so. If, on the other hand, the FDA declines to consider the issue, counsel are directed to notify the Court promptly…
A federal court in New Jersey has reportedly stayed for six months consumer fraud litigation against the company that makes Arizona Iced Tea® beverages and has asked the Food and Drug Administration (FDA) to determine whether high-fructose corn syrup (HFCS) qualifies as a “natural” ingredient. Coyle v. Hornell Brewing Co., No. 08-2797 (D.N.J., stay order entered June 15, 2010). Claiming that these beverages are deceptively marketed as “100% Natural” despite containing HFCS, the plaintiff alleges violation of the New Jersey Consumer Fraud Act, unjust enrichment and common-law restitution, and breach of express and implied warranties. The court issued the stay rather than dismiss the putative class action outright as requested by the defendants on the basis of the doctrine of primary jurisdiction. According to a news source, the court acknowledged that “categorizing HFCS as either natural or artificial for the purpose of food and beverage labeling does not fall within…
According to news sources, a federal court in New Jersey has dismissed putative class claims filed by a vegan advocacy organization on behalf of state residents alleging consumer fraud against companies that sell hot dogs and processed meats. The Cancer Project, identified as an affiliate of the Physicians Committee for Responsible Medicine (PCRM), had asked the court to order companies such as Nathan’s Famous, Kraft Foods/Oscar Mayer, Sara Lee, ConAgra Foods, and Marathon Enterprises, to warn consumers that “Consuming hot dogs and other processed meats increases the risk of cancer.” The case was filed in a state court in July 2009; more information is available in issue 312 of this Update. A spokesperson for the American Meat Institute praised the court’s action and reportedly said, “Meat products are regulated and inspected by the U.S. Department of Agriculture and bear the federal government’s seal of inspection, showing they are wholesome and…
A New York resident has sued Campbell Soup Co. alleging that its “Less Sodium” and “Healthy Request” tomato soups are falsely advertised because they contain the same levels of salt and fat as the company’s “regular” tomato soup. Smajlaj v. Campbell Soup Co., No. 10-1332 D.N.J., filed March 12, 2010). Seeking to certify a nationwide class of soup purchasers, the plaintiff alleges that while the company’s “25% Less Sodium” tomato soup contains 480 mg of sodium per serving, so does the company’s “regular” tomato soup. She also alleges that “Healthy Request” soup, advertised as “low in fat and cholesterol,” contains 1.5 grams of fat per serving, while the “regular” tomato soup has 0 grams of fat per serving. According to the complaint, the company sells the “Less Sodium” and “Healthy Request” soups “for a substantially higher price—up to at least 50% higher,” than the “regular” soup. The plaintiff alleges violation of…
A U.S. magistrate judge has sentenced to three years of probation the couple who owned the company that imported melamine-tainted pet food ingredients into the United States from China. Sally Qing Miller, a Chinese national, and her husband, Stephen Miller, were also barred from importing pet food ingredients and were each ordered to pay a $5,000 fine. According to a press release, no further restitution was required “in light of a $24 million settlement in a related civil suit reached in the U.S. District Court for the District of New Jersey.” Their company, ChemNutra, Inc. was ordered to pay a $25,000 fine. The Food and Drug Administration has reportedly estimated that 1,950 cats and 2,200 dogs died after eating the contaminated food in 2007. Sally Miller was quoted as saying, “I’m really, really sorry this happened. I hope through this tragic, unfortunate event, the whole industry can learn from us, from…
A New Jersey resident has reportedly filed a putative class action against General Mills, Inc., alleging that the company’s claims about the beneficial digestive health benefits of its Yo-Plus® yogurt products are false and misleading. Amin v. General Mills, Inc., No. 10-305 (D.N.J., filed January 19, 2010). According to a news source, the plaintiff alleges that the company’s own studies refute many of its health claims; he also cites insufficient-evidence findings by the National Advertising Division of the Council of Better Business Bureaus. The plaintiff seeks certification of a class of New Jersey residents who purchased the product since they were first sold in the state and alleges violations of the New Jersey Consumer Fraud Act and breach of express warranty. See Mealey’s Food Liability, February 2, 2010. In issue 333 of this Update, we discussed the decision of a federal court in Florida to certify a class action raising the…
New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.
According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of this Update. The company reportedly indicated in a statement that the suit was dismissed because the plaintiff failed to and could not establish a physical injury under state product liability law. The named plaintiff in this putative class action reportedly alleged that he had consumed Denny’s foods for more than 20 years and was shocked when he learned how much sodium was in his favorite menu items. While he did not allege any link between the company’s foods and his alleged high blood pressure, the plaintiff claimed that he would not have selected the high-sodium…
