Alston & Bird's Food & Beverage Digest I August 2020

FOOD  BEVERAGE D I G E S T New Lawsuits Filed Limited-Ingredient Dog Food in the Doghouse Hill v. Canidae Corporation , No. 5:20-cv-01374 (C.D. Cal. July 9, 2020). Unhappy pet owners lodged a putative class action against Canidae, alleging that the dog manufacturer’s “limited ingredient” products (like “Grain-Free PURE Real Bison, Lentil, and Carrot Recipe Dry Dog Food”and“Grain-Free PURE Real Salmon and Sweet Potato Recipe Dry Dog Food”) mislead consumers into thinking they do not contain soy or chicken. The complaint alleges that the product labeling does not identify soy or chicken, which appeals to dog owners in search of products low in soy and chicken to prevent a range of health issues, allergies, or nutritional deficiencies stemming from their pets’ diets. However, according to an independent analysis of the ingredients, these products allegedly contain material amounts of soy and chicken. The plaintiffs seek to certify nationwide, California, and New York classes, raising claims under California and New York consumer protection and food labeling laws and common-law claims. Hand Sanitizer Is No Pandemic Panacea Moreno v. Vi-Jon Inc ., No. 3:20-cv-01446 (S.D. Cal. July 27, 2020). A plaintiff has filed a COVID-19-related putative class action against Vi-Jon Inc., a manufacturer of hand sanitizers sold under store brand names at national pharmacy chains. This class action follows a string of class actions filed over companies’ claims that their hand sanitizers kill various germs that lead to disease. “Never has it been more saliently demonstrated that consumers rely on hand sanitizers to ‘kill germs’ on their hands in order to protect themselves from infection,” states the complaint. Yet the plaintiff alleges that Vi-Jon deceived him by claiming its products “eliminate more than 99.99% of many common harmful germs and bacteria.” The complaint alleges that the hand sanitizers are ineffective against more than 0.01% of germs. For instance, the plaintiff alleges that Vi-Jon’s products are “generally ineffective” at killing norovirus, which the CDC says accounts for about 50% of all food-related illness outbreaks in the U.S. The complaint lists other disease-causing organisms against which Vi- Jon’s hand sanitizers are ineffective, such as poliovirus, human papillomavirus, influenza A, and hepatitis A. The plaintiff seeks an injunction correcting this false labeling and damages.