labeling Archives

Sunscreen Ingredients

June 29, 2020June 30, 2020 BRIEF

chemicals, Class Action, dbrief1, labeling

A federal court in California refused to dismiss a class action against Bayer HealthCare that claims its Coppertone sunscreen lotions were improperly labeled as “mineral based” when they contained more active chemical ingredients than active mineral ingredients.

Courts Health

Judge Halts California Bid for Cancer Warning on Roundup

June 22, 2020June 23, 2020 MATTHEW RENDA

California, cancer, labeling, Monsanto, Roundup

A federal judge on Monday permanently barred the state of California from requiring Monsanto and other chemical companies to put cancer warning labels on the glyphosate, the active ingredient in the herbicide Roundup.

Business Consumers

Nestle Labels

June 17, 2020June 18, 2020 BRIEF

advertising, Class Action, dbrief2, food, labeling

A federal court in California denied Nestle’s motion to strike in a class action alleging the company deceptively labeled its products to lead consumers to believe they were produced “in accordance with environmentally and socially responsible standards.”

Business Consumers

Potato Skin Snacks

June 8, 2020June 9, 2020 BRIEF

advertising, Class Action, dbrief3, food, Fraud, labeling

Consumer fraud claims against the manufacturer of “TGI Friday’s Potato Skin Snacks” may continue, a federal court in New York ruled. A consumer was dismayed to learn the snacks did not contain real potato skins.

Appeals Business Health

Cancer Drug

May 29, 2020June 1, 2020 BRIEF

10th circuit, cancer, dbrief3, health care, labeling, pharmaceuticals

The 10th Circuit reversed a ruling in favor of biotech company Genentech in a dispute over the breast cancer drug Herceptin. Cancer treatment providers who purchased multi-dose vials of the drug claim the company failed to ensure each vial contained the labeled amount of the active ingredient.

Appeals Business Consumers Entertainment

Vodka Logos

May 27, 2020May 28, 2020 BRIEF

alcohol, dbrief5, labeling, Ninth Circuit, Trademark

The logo on Jim Beam’s Pucker flavored vodka products, which featured colored lip prints, did not infringe on a similar logo for Johnny Love Vodka products, the Ninth Circuit ruled, finding there was not a likelihood of confusion even though both products coordinated the color of the lips with the flavors of the vodka.

Business Consumers Health

Suing Walmart

May 19, 2020May 19, 2020 BRIEF

Brief3, Class Action, labeling

A federal class action claims that Walmart’s Vitamin E skin oil is more than 80% other cheaper cooking oils that do not bring the benefits of Vitamin E.

Business

Happy Cows

May 8, 2020May 12, 2020 BRIEF

Class Action, dbrief2, food, labeling

A federal court in Vermont dismissed a class action lawsuit challenging Ben & Jerry’s claim that its ice cream comes from “happy cows” on “Caring Dairy” farms, finding that the company’s products and its website did not represented that its ingredients are exclusively sourced from such farms.

Business Consumers

Bimbo Bread Settlement

April 28, 2020April 29, 2020 BRIEF

advertising, dbrief1, food, labeling, Settlement

A federal court in California preliminarily approved a settlement in a class action accusing Bimbo Bakeries of misbranding its baked goods by labeling the products as “100% Whole Wheat,” even though they were made with non-whole wheat flour, and in other ways.

Business Consumers

White Chips

April 8, 2020April 9, 2020 BRIEF

Class Action, dbrief4, food, labeling, retail

A federal court in California dismissed a class action accusing Ghirardelli Chocolate Company of selling “fake” white chocolate chips, finding that a package marked “white chips” closely placed alongside packages of chocolate “only serves to highlight the absence of the word ‘chocolate’ in the description of ‘white chips.’”

Business Government Health

Cigarette Warnings

April 6, 2020April 7, 2020 BRIEF

advertising, Brief2, FDA, Free Speech, labeling, Tobacco

R.J. Reynolds Tobacco Co. et al. sued the U.S. FDA in federal court, claiming its rule demanding “graphic images … designed to frighten, shock and disgust adult cigarette consumers” are unconstitutional, compelled speech.”

Business Consumers Health

Coronavirus Panic

March 23, 2020March 24, 2020 BRIEF

advertising, Brief4, coronavirus, labeling, retail

A federal class action accuses Target of falsely advertising that its house brand hand sanitizer “kills 99.99% of germs” without any proof that it does so.

Consumers

Cereal Class Action

March 13, 2020March 16, 2020 BRIEF

certification, Class Action, dbrief3, food, Fraud, labeling, sugar

A federal court in California certified a class of consumers who claim Post Foods fraudulently promoted health benefits of its cereal products that contain a high level of added sugar.

Consumers

‘No GMO’ Label

March 10, 2020March 11, 2020 BRIEF

Class Action, dbrief3, food, GMOs, labeling

The parties in a consumer class action dispute relating to claims Nestle falsely described products as being free of genetically modified organisms stipulated to dismiss the action with prejudice in federal court in California.

Consumers

Bulletproof Coffee

March 6, 2020March 9, 2020 BRIEF

advertising, coffee, dbrief2, diet, labeling

A woman may pursue her claims that Bulletproof coffee’s labeling is deceptive because it indicates that it would curb a consumer’s appetite and prevent the consumer from snacking, a federal court in California ruled.

Consumers Health

Coronavirus Suit

March 5, 2020March 6, 2020 BRIEF

advertising, Brief1, Class Action, coronavirus, diseases, labeling

A group of consumers filed a class action against Vi-Jon Inc., makers of hand sanitizer Germ X, over the company’s claim that their product protects against the flu and coronavirus without providing evidence.

Business Consumers Health Law

Warning Labels

March 3, 2020March 4, 2020 BRIEF

California, cancer, carcinogens, dbrief4, food, labeling, ordinance

A federal court in California dismissed a Chamber of Commerce’s lawsuit challenging a law that requires food manufacturers to put cancer warning labels on products that contain the possible carcinogen acrylamide.

Appeals Business Health

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.

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