Legal Opinion

North American Olive Oil Ass'n v. Kangadis Food Inc.

District Court, S.D. New York

Decided April 25, 2013No. 13 Civ. 868(JSR)PublishedCited by 20 opinions

1Opinion of the Court

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Plaintiff North American Olive Oil Association (“NAOOA”) brings this action against defendant Kangadis Food Inc., doing business as The Gourmet Factory (“Kangadis”), asserting claims for false advertising under the Lanham Act and for deceptive acts and practices and false advertising under New York General Business Law §§ 349 and 350. Plaintiff alleges that Kangadis has falsely and deceptively marketed a product as “100% Pure Olive Oil” when in fact it contains Pomace, an industrially processed oil produced from olive pits, skins, and pulp.…

2Cases cited16 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
  3. Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd.Court of Appeals for the Second Circuit · 2010
  4. Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
  5. The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982

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3Cited by20 opinions

  1. Daniel v. Mondelez Int'l, Inc.District Court, E.D. New York · 2018
  2. ADT, LLC v. Capital Connect, Inc.District Court, N.D. Texas · 2015
  3. Golden Krust Patties, Inc. v. BullockDistrict Court, E.D. New York · 2013
  4. Chobani, LLC v. Dannon Co.District Court, N.D. New York · 2016
  5. Danone, Us, LLC v. Chobani, LLCDistrict Court, S.D. Illinois · 2019

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