labeling Archives

Drug Risks

February 11, 2020February 12, 2020 BRIEF

dbrief3, labeling, negligence, Ninth Circuit, pharmaceuticals, suicide, teens

The Ninth Circuit affirmed the dismissal of negligence claims against the makers of the antidepressant drug Lexapro, finding that the drug’s packaging contained clear warning labels about a heightened risk of suicide for adolescents.

Appeals Business Consumers

No Sugar Added

February 7, 2020February 10, 2020 BRIEF

dbrief5, food, labeling

An appeals court in California dismissed fraudulent advertising claims brought by a woman who says Califia Farms’ use of the phrase “No Sugar Added” on its tangerine juice labels was misleading. The statement is factual but the woman claimed it led her to believe that other competing products do have added sugar, when they do not.

Business Consumers Health

Chipotle Settlement

February 6, 2020February 7, 2020 BRIEF

animals, Class Action, dbrief1, fast food, labeling, Settlement

A federal court in California approved a $6.5 million settlement with Chipotle in a class action relating to the company’s claims that its food products were “non-GMO” and “GMO free.” The class alleges these claims were misleading because the restaurant’s dairy and meat products were from animals fed with a GMO derived feed and its soft drinks contain corn syrup.

Business Consumers

Ocean Spray Settlement

February 3, 2020February 4, 2020 BRIEF

advertising, Class Action, dbrief5, food, labeling, Settlement

A federal court in California preliminarily approved a $5.4 million settlement of a class action claiming Ocean Spray falsely advertised its juice products as having “no artificial flavors.”

Consumers

Pediatric Shake

January 30, 2020January 31, 2020 BRIEF

babies, Class Action, dbrief3, Deceptive trade, food, labeling, nutrition

A federal court in Alabama ruled that a class may pursue its deceptive trade practices claims against Walmart relating to its marketing of its “Parent’s Choice Pediatric Shake” product.

Business Consumers Entertainment

Krab Mix

January 15, 2020January 16, 2020 BRIEF

dbrief5, food, labeling, Restaurants

A federal court in California dismissed a consumer’s complaint that P.F. Chang’s falsely labeled food products as containing crab meat, finding that no “reasonable consumer” could be confused by the restaurant’s use of the words “krab mix” to describe the products.

Consumers

Spam Class Action

December 31, 2019January 2, 2020 BRIEF

Brief5, Class Action, false advertising, food, labeling, nutrition

A federal class action claims Hormel Foods falsely advertises “nutrition” facts about its Spam 25% Less Sodium and Spam Lite.

Appeals Business Consumers

Diet Soda

December 30, 2019December 31, 2019 BRIEF

dbrief2, diet, labeling, nutrition, soda

Dr Pepper/Seven Up, Inc. did not violate California consumer fraud laws by branding Diet Dr Pepper using the word “diet,” the Ninth Circuit ruled, finding that reasonable consumers are unlikely to assume that a soft drink described as “diet” promises “weight loss, healthy weight management, or other health benefits.”

Consumers

‘San Marzano’ Tomatoes

December 24, 2019December 26, 2019 BRIEF

dbrief1, food, Italy, labeling

A putative class action suit against Cento Fine Foods may continue, a federal court in California ruled, because the consumers have sufficiently claimed that packaging on the company’s “San Marzano” tomato products gives the impression that they are grown in a specific region of Italy.

Consumers Entertainment

Sides Wrangle Over Attorney Fees in Kona Brewing Settlement

December 19, 2019December 20, 2019 MATTHEW RENDA

advertising, alcohol, Attorneys, Class Action, labeling, Settlement

A hearing to approve a settlement between a craft beer brewer and customers who say they were hoodwinked into believing the beer was made in an exotic location morphed into a theater to litigate a much larger issue: whether large consumer class actions actually benefit consumers.

Appeals Business Consumers Health

Third Circuit Revives RICO Claims Against Diabetes Drug Maker

December 17, 2019December 18, 2019 LORRAINE BAILEY

advertising, diabetes, Fraud, labeling, pharmaceuticals, racketeering, Third Circuit

GlaxoSmithKline must defend itself against racketeering and consumer fraud claims that it falsely marketed its diabetes drug Avandia as reducing heart problems when the drug actually increased the risk of heart attack, the Third Circuit ruled Tuesday.

Business Consumers Government Law

US Court Suspends Naming Restrictions on Fake Meat Firms

December 12, 2019 AGENCE FRANCE-PRESSE

Arkansas, food, labeling

A U.S. court has suspended a law banning makers of vegetarian substitute meals from using the word “meat” to describe their products, as trendy plant-based food companies push back against a wave of restrictions.

Consumers

Not-So-Flushable Wipes

December 5, 2019December 6, 2019 BRIEF

dbrief2, labeling, misrepresentation

A couple’s negligent misrepresentation claim against the manufacturer of CVS flushable medicated wipes may continue, a federal court in Maryland ruled. The couple claims the wipes were not actually “flushable,” as marketed.

Appeals Business Consumers Employment International

First Circuit Sours on Child-Labor Disclosure for Candy Bars

December 3, 2019 THOMAS F. HARRISON

Africa, children, first circuit, labeling, Labor, slavery

Unappetizing disclosures about the children who labor in West African cocoa fields are unlikely to be coming soon to a chocolate bar near you following oral arguments Tuesday at the First Circuit.

Consumers Health

Diabetic Supplements

November 19, 2019November 20, 2019 BRIEF

Class Action, dbrief5, labeling, nutrition, supplements

A putative class action against GNC over labeling on diabetic supplements may continue, a federal court in California ruled. Consumers claim labels describing the product’s functions did not include a disclaimer required under the Federal Food, Drug and Cosmetics Act.

Business Consumers Entertainment

Kona Coffee

November 13, 2019November 14, 2019 BRIEF

advertising, Class Action, coffee, dbrief5, farming, Hawaii, labeling, retail

A federal court in Washington dismissed in part coffee farmers’ false advertising claims against several retailers, including Kroger, Amazon and Walmart. The farmers claim the retailers sell coffee products that are deceptively labeled as “Kona” coffee.

Business Consumers Energy Environment

Wal-Mart

November 12, 2019November 12, 2019 BRIEF

Brief6, Class Action, labeling, retail, Wal-Mart

A federal class action accuses Wal-Mart of selling Great Value-brand LED light bulbs with the Energy-Star logo though they do not meet Energy-Star efficiency standards.

Business International

High Court Says EU Nations Must Label Israeli Settlement Products

November 12, 2019November 12, 2019 ASSOCIATED PRESS

European Court of Justice, human rights, Israel, labeling

The European Union’s top court ruled Tuesday that EU countries must oblige retailers to identify products made in Israeli settlements with special labels, a ruling sure to spark anger in Israel.

Business Consumers Health

Nutritional Vapes?

November 7, 2019November 8, 2019 BRIEF

Brief2, labeling, nutrition, Vaping

A federal class action claims NV Nutritional falsely advertises its Nutriair vaping device as “safe” and “nutritional.”

Business Consumers National

Spat Between Beer Giants Widens With Claim of Trade-Secret Theft

October 18, 2019October 21, 2019 JOE KELLY

alcohol, beer, false advertising, labeling, trade secrets

A dispute between two beer giants took an unexpected turn after Anheuser-Busch filed a counterclaim accusing a MillerCoors employee of stealing its recipes, brewing processes and other trade secrets using contacts and inside information gathered when he worked for Anheuser-Busch.

← Previous