Promotion in Motion Inc. (“PIM”) makes the popular Welch’s Fruit Snacks under a licensing deal with Welch’s, and Kervan USA LLC is a rival candymaker that has a similar licensing arrangement with Sunkist Growers Inc. PIM, however, contends that Kervan sought to capitalize on the fruits of PIM’s labors, and sued Kervan in the District
Food & Beverage
Scientific Studies Are “SuperStarch” Kryptonite, Class Action Suit Says
Plaintiff Kevin McCann launched a putative class action against The UCAN Company (“UCAN”), which markets and distributes a line of sports performance products including “Generation UCAN SuperStarch Drink Mix,” “Generation UCAN Protein Drink Mix,” and “UCAN Snack Bars powered by SuperStarch.” The products all contain “SuperStarch,” which UCAN claims to be an easily digestible carbohydrate…
Trader Joe’s Candies Are Tart, But Not “Natural,” False Advertising Suit Claims
Trader Joe’s “Ts & Js Lemon Grapefruit Lime Tangerine Sour Gummies” have soured the palate of at least one consumer, according to a recently-removed Southern District of California lawsuit. Plaintiff Serena Wong, who filed her complaint against the grocery giant earlier this year, claims that the candies contain an undisclosed artificial ingredient, d-l malic acid,…
A Puffed Quinoa By Any Other Name Would Still Be False Advertising
Puffed quinoa snacks presumably would contain mostly quinoa right? Not according to the putative class action lawsuit filed in a New York federal court earlier this year. Lead plaintiff Russell Ransom alleges that defendant I Heart Foods Corp.’s line of “I Heart Keenwah” puffed quinoa snacks are not, as the name implies, primarily quinoa. Rather,…
Got Margarine? Post Seeks Dismissal of Mashed-Potato False Labelling Suit
Briefing closed last month on Post Holdings Inc.’s attempt to dismiss a putative class action false labeling suit over Post’s prepackaged mashed potatoes, which Post claims are “made with real butter.” The plaintiffs allege that although the product does contain real butter, Post misrepresented that in fact it also contains margarine. The plaintiffs initiated suit…
E.V.Oh.No! Olive Oil Salad Dressing Maker Must Face False Advertising Suit
An Illinois federal court recently rejected packaged food company Pinnacle Foods Group LLC’s attempt to dismiss a putative class action suit against it over its line of “Wishbone E.V.O.O. Dressing- Made With Extra Virgin Olive Oil” salad dressings. The lead plaintiff allegedly purchased a bottle of the dressing in Illinois and took it across state…
Out of Juice: Judge Denies Class Cert. in Tropicana False Label Suit
In 2011, plaintiffs launched a putative class action with class members from California, New York, New Jersey, and Wisconsin in a New Jersey district court against Tropicana Products, Inc., a division of PepsiCo, Inc. over Tropicana’s claim that its not-from-concentrate orange juice is “100% pure and natural.” The plaintiffs asserted that Tropicana’s processing methods—which allegedly…
Nine Lives Indeed: Grumpy Cat Wins IP Lawsuit Against Beverage Company
Anyone who has been on the internet since 2012 likely recognizes the ubiquitous frowning face of “Grumpy Cat,” real name Tardar Sauce, emblazoned upon memes, videos, and products. Her fame and market power is far from restricted to the internet though; since her internet debut, she has appeared on television shows, starred in advertisements for…
Throwing Shade: Upscale Manhattan Bar Calls Out “Basic” Would-be Infringer
Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record.
Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale atmosphere and a focus on high quality drinks, creative new sounds and a small plates menu with exceptional tapas” named Bathtub Gin…
Don’t Have a Cow! Court Dismisses GMO Labelling Suit Against Dannon
Last month, a New York federal judge dismissed a proposed class action that alleged Dannon Company, Inc. unlawfully labelled its yogurt products as “natural” when in fact the cows that produced the milk that produced the yogurt may have eaten feed made from corn that was genetically modified or were raised using hormones or antibiotics.…