Tag: Ninth

Levine v. Vilsack: The Ninth Circuit Rules the Humane Methods of Slaughter Act Provides No Remedy

The Ninth Circuit ruled that there is no remedy available for an alleged misinterpretation of the Humane Methods of Slaughter Act of 1958 to exclude poultry from its scope. And a plaintiff who sued only under that statute could not force the Secretary of Agriculture to make an interpretation under a different statute, the Federal Meat Inspection Act, that poultry were an "amenable species" to be placed under the slaughter provisions of that completely separate law. Thus, plaintiffs lacked standing to pursue a claim in federal court.… Continue Reading

Captain Crunch Suit Dismissed: Court Finds No “Actual Fruit Referred to as Crunchberry”

Yes, someone has actually filed a putative class action on the basis that she was “mislead by the packaging and marketing, which she argues convey the message that the Product contains real, nutritious fruit.” U.S. District Judge England in the Eastern District of California dismissed the complaint captioned as Sugawara v. Pepsico, Inc. Though Sugawara seems purely … Continue Reading

Another High-Profile California Labeling Case

Center for Science in the Public Interest (CSPI) recently filed a putative class action in federal court in the Northern District of California claiming that Glacéau’s VitaminWater is mislabeled under California law. This suit comes on the heels of the recent Ninth Circuit decision that remanded the Gerber foods case. We previously discussed the Gerber … Continue Reading
LexBlog