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New Filings for May 4, 2015

Food & Consumer Packaged Goods Litigation

New Filings for May 4, 2015

Charles v. The Wine Group, Inc., No. BC576061 (Cal. Super. Ct.): Putative class action alleging violations of California's CLRA, as well as unfair business practices, misleading and deceptive advertising, unjust enrichment, breach of implied warranty and negligent misrepresentation based on the claim that Defendants' wines contain inorganic arsenic in that levels that are not reasonably safe to consumers. The Plaintiffs do not claim that the Defendants were under any obligation to keep inorganic arsenic to a certain amount or that they are required by law to warn consumers of the ingredients in the wine. Complaint. Marvin v. The Wine Group, Inc., No 3:15-cv-00176 (M.D. La.): Putative class action alleging violations of Louisiana's Deceptive and Unfair Trade Practices Act and the Magnuson-Moss Warranty Act, as well as redhibition, negligence, and unjust enrichment based on the claim that Defendants' wines contain inorganic arsenic in that levels that are not reasonably safe to consumers and are above those allowed in drinking water. Complaint. Mirzaie v. Whole Foods Market, No. BC575935 (Cal. Super. Ct.): Putative class action alleging violations of California's business and professional code regarding false and misleading advertisements based on the claim that Defendants advertise that their chickens are gently raised and lovingly slaughtered on farms with standards that exceed conventional factory farms when there is no difference.  Complaint. Consumer Advocacy Group v. Yamamoto of Orient, Inc., No. CIV1501046 (Cal. Super. Ct.): Complaint alleging violations of Proposition 65 based on claims that Defendants' seaweed contains lead. Complaint. Nixon v. Anheuser-Busch Co., No. CGC-15-544985 (Cal. Super. Ct.): Putative class action alleging violations of California's UCL and Section 17533.7 of the Business and Professions Code based on claims that Defendant states its Busch beer is a "Product of the U.S.A.," when the beer is brewed with imported hops. Complaint. Fridlender v. Bella Four Bakery, Inc., No. MSC15-00585 (Cal. Super. Ct.): Putative class action alleging violations of California's UCL, FAL and CLRA, as well as breach of express warranty, common law fraud, negligent misrepresentation, breach of contract and unjust enrichment based on claims that Defendant's Nature Bakery Fig Bars are labeled as "100% Natural" when they contain artificial or processed ingredients. Complaint. Environmental Research Center, Inc. v. North American Herb and Spice Co., et al., No. RG15764471 (Cal. Super. Ct.): Complaint alleges violations of Proposition 65 based on claims that Defendants' spices contain lead. Complaint. Weisberg v. Aladdin Bakers, Inc., No. 15-503704 (Sup. Ct. Kings County): Putative class action alleging several violations of New York's GBL, as well as breach of express and implied warranty and unjust enrichment based on claims that Defendant falsely markets several of its chip products as "ALL NATURAL" because they contain synthetic ingredients. Complaint. McDonough v. Snyder's-Lance, Inc., No. 1:15-cv-1751 (E.D.N.Y.): Putative class action alleging violations of North Carolina's UDTPA, New York's GBL, as well as breach of express warranty and intentional misrepresentation based on claims that Defendant markets and labels some of its snack products as "All Natural" when they allegedly contain GMOs. Complaint. McNamee v. The Old Fashioned Kitchen, Inc., No. 1522-CC00732 (Mo. Cir. Ct.): Putative class action alleging violations of Missouri's Merchandising Practices Act as well as unjust enrichment based on claims that Defendant's Golden brand Potato Blintzes are labeled as "All Natural" when they contain sodium acid pyrophosphate. Complaint. Lucas v. Sticky Fingers Bakeries, No. 1522-CC00728 (Mo. Cir. Ct.): Putative class action alleging violations of Missouri's Merchandising Practices Act as well as unjust enrichment based on claims that Defendant's Gluten Free Scones Quick and Easy Mix are labeled as "All Natural" when they contain sodium acid pyrophosphate. Complaint.

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Food & Consumer Packaged Goods Litigation

Food & Consumer Packaged Goods Litigation shares timely insights into litigation developments, emerging arguments and challenges facing food and consumer packaged goods manufacturers and related industries. 

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