labeling Archives

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.

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.

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