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California resident targets chewing gum maker in purported class action

Shook Hardy & Bacon LLP
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USA
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August 13 2010

Alleging that no scientific evidence supports Wm. Wrigley Jr. Co.’s claim that the cardamom in its Eclipse Breeze chewing gum “neutralizes the toughest breath odors,” a California resident has filed consumer fraud claims against the company in a federal court on behalf of a nationwide class of consumers

CAMY reports decline in youth magazine alcohol ads

Shook Hardy & Bacon LLP
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USA
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August 13 2010

The Johns Hopkins Bloomberg School of Public Health's Center on Alcohol Marketing and Youth (CAMY) has issued a report showing that alcohol companies "have largely met the industry's voluntary standards of not placing ads in magazines with 30 percent or more youth readership."

Stay in Snapple “natural” beverage lawsuit extinguished

Shook Hardy & Bacon LLP
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USA
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October 22 2010

A federal court in New Jersey has granted the defendant's unopposed motion to extinguish the stay in a lawsuit contending that Snapple beverage products are falsely advertised as "natural" because they contain high-fructose corn syrup, a purportedly non-natural ingredient

Claims narrowed in Chewy Bars trans fat class action

Shook Hardy & Bacon LLP
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USA
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October 22 2010

A federal court in California has dismissed on preemption and standing grounds a number of state-law claims against The Quaker Oats Co. in a lawsuit alleging that the company falsely advertises its Chewy Bars as containing “0 grams trans fat” when the ingredient list labeling includes hydrogenated vegetable oil

FTC obtains preliminary injunction against internet marketers making acai berry health claims

Shook Hardy & Bacon LLP
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USA
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August 20 2010

The Federal Trade Commission (FTC) has taken action against companies that sell acai berry supplements, "colon cleansers" and other products online by featuring false Oprah Winfrey and Rachael Ray endorsements and illegally billing customer credit cards

Plaintiff class alleges POM Wonderful will not keep consumers young forever

Shook Hardy & Bacon LLP
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USA
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August 20 2010

A putative class action has been filed against the maker of POM Wonderful pomegranate (PWP) juice in a Florida state court, alleging that the company is misleading consumers by marketing its product "as having special health benefits, including but not limited to, the prevention, mitigation, and or treatment of the following: (a) atherosclerosis; (b) Blood FlowPressure; (c) Prostate Cancer; (d) Erectile Function; (e) cardiovascular disease; (f) Reduce LDL cholesterol; (g) and other age related medical conditions

Putative class alleges Breyers “all natural” ice cream contains

Shook Hardy & Bacon LLP
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USA
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October 29 2010

A California resident has filed a putative class action against the company that owns the Breyers ice cream brand, alleging violations of consumer protection laws because its 23 chocolate-flavored products are labeled "All Natural" but also contain cocoa processed with alkali

JPML denies request to consolidate Yo-Plus health claims cases

Shook Hardy & Bacon LLP
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USA
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June 18 2010

The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer four pending federal lawsuits to a multidistrict litigation court, finding that the common factual questions about General Mills's alleged nationwide marketing claims for its Yo-Plus yogurt products are not sufficiently complex or numerous to justify consolidation

Milk interests petition FDA to stop use of dairy terminology on imitation products

Shook Hardy & Bacon LLP
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USA
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April 30 2010

The National Milk Producers Federation has filed a petition with the Food and Drug Administration (FDA), calling on the agency to "significantly increase enforcement efforts to prevent the misbranding of certain food items that are imitations of standardized dairy products."

Corporate watchdog calls for information about threats to food disparagers

Shook Hardy & Bacon LLP
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USA
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October 29 2010

A corporate watchdog organization, Corporations and Health Watch, has issued a call for food industry critics who have been threatened with litigation for saying "anything critical about food," to submit information about their experience to the organization

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