Tuesday, December 30, 2014
Wednesday, December 3, 2014
Frank Azar – Class Action Lawsuit Against Breyers Ice Cream Dropped
The latest blog post from Frank Azar:
On July 22nd, 2014, New Jersey resident Yosh Jefferson filed a class action against Conopco Inc., the maker of Breyers Ice Cream, for false advertising. The lawsuit is part of a growing trend for today’s consumers, who have statistically been seeking foods with fewer synthetic ingredients; other recent class action lawsuits having been filed against companies like Red Bull, 5-Hour Energy, and Naked Juice. Just like these other lawsuits, the class action against Conopco was on the grounds of false advertising.
Mr. Jefferson alleged that Breyers wrongly advertises that its ice cream is “All Natural”, giving the company grounds to raise prices over ice creams with artificial ingredients and leading consumers to pay a premium (38% more, Jefferson alleged). However, while Breyers packaging might say “All Natural”, it might actually contain artificial ingredients. Jefferson claims that this “All Natural” label is a mischaracterization of ice creams that contain alkalized cocoa, a non-natural processed ingredient produced from synthesized ingredients like potassium carbonate.
In this case, the essential question was: Can alkalized cocoa, a product that has been in use for around two hundred years, be considered a “natural” ingredient when it is made with an artificial ingredient like potassium carbonate?
Now, this week, a New Jersey court has dismissed the case as each party has decided to not proceed with the lawsuit, leaving an air of uncertainty over whether Conopco was guilty of false advertising.
This type of food labeling case largely relies on the judge and whether he or she believes the lawsuit has been preempted by a ruling or regulation from the F.D.A. In this case, both parties came to an undisclosed settlement, but in other cases, judges have allowed the cases to proceed. Many other groups eventually decided to pursue their lawsuits against other companies to varying degrees of success, creating a real impetus for the United States Food and Drug Administration to provide a comprehensive ruling on what is deemed a “natural” ingredient and what is not.
For now, Breyers has replaced the “All Natural” label with “Original”.
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Frank Azar – Tracy Morgan Still Battling Severe Brain Injury After Highway Crash
The latest blog post from Frank Azar:
According to a recent article featured on Yahoo News, beloved American actor and comedian, Tracy Morgan, is still fighting to recuperate from a severe brain injury following a car crash earlier this year on June 7th. At this time, it has not yet been determined if he will make a full recovery and be “the Tracy Morgan he once was”.
On June 7, 2014, Morgan and several of his friends had been on their way home from a show in Delaware, when a Wal-Mart truck crashed into them. One person was killed and three were injured (two seriously). Following the accident, Morgan spent multiple weeks in a hospital, as well as in rehab.
As per Benedict Morelli, Morgan’s lawyer, the former Saturday Night Live and 30 Rock star endured a traumatic brain injury, as well as a broken leg, nose and ribs.
Attorneys have recently been in court to schedule Morgan’s lawsuit against Arkansas based Wal-Mart Stores Inc. Morgan was not present at the proceedings.
“When you have a traumatic brain injury it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “You just don’t know. So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was. But the jury’s out.”
According to the article, Morgan sued for punitive and compensatory damages in late September; however, Wal-Mart has responded, claiming that the victims’ injuries were in part caused by the fact that they weren’t wearing their seatbelts.
Kevin Roper, the Georgia truck driver named in the lawsuit, has been charged with “death by auto and four counts of assault by auto in state court.”
Back in June, a preliminary investigation by the National Transportation Safety Board released that Roper had been driving 65 mph right before crashing into the back of the van. The legal speed limit on that specific stretch of the New Jersey Turnpike is 55 mph; however, it had been lowered to 45 mph that night due to ongoing construction.
To read the entire article featured on Yahoo News, please click here.
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