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/raid1/www/Hosts/bankrupt/CAR_Public/130129.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 29, 2013, Vol. 15, No. 20 Headlines BBU INC: Recalls Fresh Bagels Due to Presence of Metal Fragments CONAGRA FOODS: Recalls Hunt's Tomato Sauce Due to Can Defect CVS PHARMACY: Sued for Calling People Without Their Consent DOCTOR'S ASSOCIATES: Faces Suit Over Length of "Footlong" Subs DR PEPPER: Faces Class Action Over Bogus Claims on Fruit Punch FORD MOTOR: Judge Dismisses Fraud Claims in Class Suit J.C. PENNEY: Sued for Sending Spam Ads to Wireless Phones JOUNI MEATS: Recalls 500 Lbs. of Ground Beef Over Salmonella Risk LANCE ARMSTRONG: Faces Suit for Defrauding Consumers Over Book LG DISPLAY: Workers File Class Action Over Labor Law Violations STALLINGS HEAD: Recalls 4,700 Lbs. of Ready-To-Eat Pork Products UNITED STATES: "Bailey" Zoning Case Gets Class Certification WARNER BROS: Digital Copy Expiry Suit Dismissed With Prejudice WOLFGANG PUCK: Faces Overtime Class Action in New York ********* BBU INC: Recalls Fresh Bagels Due to Presence of Metal Fragments ---------------------------------------------------------------- BBU, Inc., the parent of the Bimbo Bakeries companies, has initiated a voluntary recall due to possible presence of fragments of metal caused by a faulty manufacturing part. Recalled products are the following fresh bagels with "Best Buy" dates (month and day) "JAN 18" to and including "JAN 27"found on the lock tab bag closures in the following states: Recalled Product Name States --------------------- ------ Thomas' Everything Bagels 1 lb 4 oz AL, FL, GA, TN Thomas' Blueberry Bagels 1 lb 4 oz AL, FL, GA, TN Thomas' Onion Bagels 1 lb 4 oz AL, FL, GA, TN Thomas' Plain Bagels 1 lb 4 oz AL, FL, GA, TN Thomas' Cinnamon Raisin Bagels AL, FL, GA, TN 1 lb 4 oz Thomas' Hearty Grains AL, FL, GA, TN 100% Whole Wheat Bagels 1 lb 4 oz Thomas' Cinnamon Swirl Bagels AL, FL, GA, TN 1 lb 4 oz Thomas' Honey Wheat Bagels 1 lb 4 oz AL, FL, GA, TN Sara Lee Deluxe Bagels AL, FL, GA, LA, MS, Honey Wheat 20 oz NC, SC, TN Sara Lee Deluxe Bagels Plain 20 oz AL, FL, GA, LA, MS, NC, SC, TN Sara Lee Deluxe Bagels AL, FL, GA, LA, MS, Blueberry 20 oz NC, SC, TN Sara Lee Deluxe Bagels AL, FL, GA, LA, MS, Cinnamon Raisin 20 oz NC, SC, TN Publix Premium Original Bagels 20 oz AL, FL, GA., SC, TN Publix Premium Multi-Grain Bagels AL, FL, GA., SC, TN 20 oz Publix Premium Cinnamon Raisin Swirl AL, FL, GA., SC, TN Bagels 20 oz Weight Watchers 6 Original Bagels AL, FL, GA, NC, SC, TN 15 oz The Company announced the recall after discovering metal fragments in two packages. No consumer reports have been received. There are no reports of injury. All recalled products are being removed from store shelves. No other THOMAS', SARA LEE, PUBLIX or WEIGHT WATCHERS products are affected. Consumers who have purchased the product can return the product to its place of purchase for a full refund. Consumers with questions may contact the Company at 1-800-984-0989 at any time 24 hours a day. CONAGRA FOODS: Recalls Hunt's Tomato Sauce Due to Can Defect ------------------------------------------------------------ ConAgra Foods, of Omaha, Nebraska, is voluntarily initiating a product recall for specific lots of its 8 ounce Hunt's Tomato Sauce (regular variety) and Hunt's Tomato Sauce No Salt Added that were packaged in cans containing a defect in the inner lining. Although there is no food safety concern associated with the product, the can defect may cause the can to swell and the product to spurt out when opened. ConAgra Foods is advising consumers who have purchased either of these from Best By dates shown to call 866-511-7752 to ask any questions, or to arrange for replacement. The product was shipped to U.S. retail food stores and distributors in Arizona, California, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Texas, Utah, Washington and Wyoming. ConAgra Foods is working with retail customers and distributors to ensure these cans are removed from store shelves. This recall is limited only to 8-ounce cans of Hunt's Tomato Sauce (regular variety) and Hunt's Tomato Sauce Not Salt Added bearing the following Best By dates. No other Hunt's products are impacted. Hunt's Tomato Sauce (regular variety) and Hunt's Tomato Sauce Not Salt Added are packaged in 8 ounce cans with a Hunt's graphic logo on the front of the can. Consumers can find the Best By date by looking at either the top or bottom of the can. Hunt's Tomato Sauce (8-ounce cans): * JUL 23 2014 * JUL 24 2014 * AUG 29 2014 * AUG 30 2014 * OCT 08 2014 Hunt's Tomato Sauce No Salt Added (8-ounce cans): * JUL 23 2014 * AUG 29 2014 * OCT 07 2014 * OCT 08 2014 Pictures of the recalled products are available at: http://www.fda.gov/Safety/Recalls/ucm336746.htm CVS PHARMACY: Sued for Calling People Without Their Consent ----------------------------------------------------------- Courthouse News Service reports that CVS uses a random number generator to contact people and leave a prerecorded message about prescription services, a class claims. The class action is captioned David Vaccaro v. CVS Pharmacy Inc. DOCTOR'S ASSOCIATES: Faces Suit Over Length of "Footlong" Subs -------------------------------------------------------------- Courthouse News Service reports that that a federal class action claims Doctor's Associates (Subway) "footlong" subs are only 10 1/2 inches long, and that its 6-inch subs are only 5 1/4 inches. DR PEPPER: Faces Class Action Over Bogus Claims on Fruit Punch -------------------------------------------------------------- Courthouse News Service reports that Dr Pepper Snapple Group pushes its Mott's for Tots Immune Support Fruit Punch with bogus claims that it strengthens kids' immune systems, a class action claims in Federal Court. FORD MOTOR: Judge Dismisses Fraud Claims in Class Suit ------------------------------------------------------ Courthouse News Service reports that a federal judge dismissed fraud claims against Ford Motor Co., but said a class could still pursue warranty and bad faith claims over allegedly defective fuel tank linings. J.C. PENNEY: Sued for Sending Spam Ads to Wireless Phones --------------------------------------------------------- Courthouse News Service reports that J.C. Penney sent illegal, unsolicited spam ads to wireless phones, a class action claims in Federal Court. JOUNI MEATS: Recalls 500 Lbs. of Ground Beef Over Salmonella Risk ----------------------------------------------------------------- Jouni Meats, Inc., a Sterling Heights, Michigan retail store, is recalling approximately 500 pounds of ground beef products that may be contaminated with a strain of Salmonella Typhimurium, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced. The products subject to recall are: * Various size packages of ground beef These products were produced between December 4, 2012, and December 9, 2012, and distributed to a restaurant in Macomb County, Michigan, and sold directly to consumers at Jouni Meats, Inc. These products were sold without a label. This recall has been initiated because of concerns involving a cluster of Salmonella Typhimurium illnesses that may be associated with consumption of raw ground beef from a restaurant in Macomb County, Michigan. Working in conjunction with the Michigan Department of Community Health, Michigan Department of Agriculture and Rural Development, Arizona Department of Health Services, and the U.S. Centers for Disease Control and Prevention (CDC), FSIS determined that there is a link between the ground beef products from Jouni Meats, Inc. and this illness cluster. Based on epidemiologic and traceback investigations, 7 case-patients with the same outbreak strain have been identified in Arizona and Michigan with illness onset dates ranging from December 9, 2012, to December 13, 2012. The 7 case-patients consumed raw beef kibbeh on December 7, 2012, and December 8, 2012. It is not known at this time if this outbreak strain has any drug resistance; results are pending. FSIS is continuing to work with public health partners and CDC on this investigation. FSIS will continue to provide information as it becomes available. FSIS and the Company say they are concerned that some product may be frozen and in consumers' freezers. FSIS routinely conducts recall effectiveness checks (including at restaurants) to ensure that steps are taken to make certain that the product is no longer available to consumers. Consumption of food contaminated with Salmonella can cause Salmonella, one of the most common bacterial foodborne illnesses. Salmonella infections can be life-threatening, especially to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or those undergoing chemotherapy. The most common manifestations of salmonellosis are diarrhea, abdominal cramps, and fever within 12 to 72 hours. Additional symptoms may be chills, headache, nausea and vomiting that can last up to seven days. Individuals concerned about an illness should contact a health care provider. FSIS advises all consumers to safely prepare their raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160 degrees F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature. Consumers and media with questions regarding the recall should contact the Company's owner, Khalil Jouni, at (586) 274-0760. Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at AskKaren.gov or via smartphone at m.askkaren.gov. "Ask Karen" live chat services are available Monday through Friday from 10:00 a.m. to 4:00 p.m. Eastern Time. The toll-free USDA Meat and Poultry Hotline 1-888- MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from 10:00 a.m. to 4:00 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day. The online Electronic Consumer Complaint Monitoring System can be accessed 24 hours a day at: http://www.ccmsweb13.fsis.usda.gov/. LANCE ARMSTRONG: Faces Suit for Defrauding Consumers Over Book -------------------------------------------------------------- Courthouse News Service reports that a federal class action claims Lance Armstrong and his publishers defrauded consumers by selling the cyclist's books as nonfiction. Lead plaintiff Rob Stutzman, a PR consultant, sued Mr. Armstrong, Penguin Group, G.P. Putnam's Sons, Berkley Publishing Group, Random House, Broadway Books and Crown Publishing Group, alleging fraud, negligent misrepresentation and business law violations. Mr. Armstrong admitted last week that he used banned drugs to win all seven of his Tour de France titles. He was stripped of them and of all the other titles he won during that time, and lost virtually all of his lucrative endorsement contracts. Mr. Stutzman claims he bought Mr. Armstrong's bestseller, "It's Not About the Bike," "sometime between 2001 and 2003." He claims he met Armstrong in 2005 when he, Mr. Stutzman, was working on Gov. Arnold Schwarzenegger's PR staff, and told the cyclist that he had recommended the books to friends. "It's Not About the Bike" spent weeks on the bestseller list after it was published in 2000. Mr. Armstrong's second book, "Every Second Counts," (2002) also was a hit. He also wrote, or co-wrote, the books "Lance Armstrong, Images of a Champion," (2006), and "My Comeback, Up Close and Personal" (2009). The 59-page complaint, written in high dudgeon, demands an accounting, restitution, attorney's fees, damages and an injunction. Mr. Stutzman is represented by Kevin Roddy with Wilentz, Goldman & Spitzer, of Woodbridge, N.J., and Tracey Buck-Walsh, of Sacramento. LG DISPLAY: Workers File Class Action Over Labor Law Violations --------------------------------------------------------------- Courthouse News Service reports that LG Display America stiffs workers for overtime, a class action claims in Santa Clara County Court. STALLINGS HEAD: Recalls 4,700 Lbs. of Ready-To-Eat Pork Products ---------------------------------------------------------------- Stallings Head Cheese Co., Inc., a Houston, Texas establishment, is recalling 4,700 pounds of hog head cheese that may be contaminated with Salmonella, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced. The following products are subject to recall: * 10-oz. packages of "Richard's Hog Head Cheese" bearing establishment number "EST. 2257" inside the USDA mark of inspection and sell by dates "Use by 2 1 2013" or "Use by 3 20 2013" on each package. The products subject to recall were produced on November 1, 2012, and December 19, 2012. The products were shipped to a distribution center for retail distribution in Louisiana and Southeastern Texas. When available, the retail distribution list(s) will be posted on FSIS' Web site at: http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp Hog head cheese products produced by EST. 2257 have been linked to a recent Salmonella Uganda cluster involving six case-patients from Louisiana. Working in conjunction with the Louisiana Office of Public Health, FSIS was able to link illnesses to the RTE pork products produced at this establishment based on epidemiologic and traceback investigations. Illness onset dates among the case- patients ranged from October 16, 2012, to November 10, 2012. Four case-patients confirmed eating the brand under recall. Leftover RTE product from consumers was not available for testing. However, retail samples of like product from different production dates underwent testing last week, and four of nine samples tested positive for Salmonella. It is not known at this time if these samples are positive for the outbreak strain, but any finding of such will be made public by FSIS once it becomes available. FSIS is continuing to work with public health partners on the investigation. A picture of the recalled products' label is available at: http://is.gd/Kk2sVo Consumption of food contaminated with Salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses. The most common symptoms of salmonellosis are diarrhea, abdominal cramps, and fever within 12 to 72 hours. The illness usually lasts 4 to 7 days. In some persons, however, the diarrhea may be so severe that the patient needs to be hospitalized. Older adults, infants, and persons with weakened immune systems are more likely to develop a severe illness. Individuals concerned about an illness should contact their health care provider. Consumers and members of the media who have questions are encouraged to contact Fred Chu, the Company's owner, at (713) 523- 1751. Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at AskKaren.gov or via smartphone at m.askkaren.gov. "Ask Karen" live chat services are available Monday through Friday from 10:00 a.m. to 4:00 p.m. Eastern Time. The toll-free USDA Meat and Poultry Hotline 1-888- MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from 10:00 a.m. to 4:00 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day. The online Electronic Consumer Complaint Monitoring System can be accessed 24 hours a day at: http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp UNITED STATES: "Bailey" Zoning Case Gets Class Certification ------------------------------------------------------------ The parties in the matter titled ARTHUR P. BAILEY, JR. and CATHY BAILEY, et al., Plaintiffs, v. THE UNITED STATES, Defendant, No. 12-507L, have stipulated that the action should be certified as a class action under Rule 23 of the Rules of the Court of Federal Claims. On January 24, 2013, District Judge Francis M. Allegra of the United States Court of Federal Claims agreed that the matter is properly certified as a class action. The Court defines the class as: "All persons who, on January 20, 2012, owned an interest in lands constituting part of the railroad corridor or right-of-way on which a rail line was formerly operated by Mississippi & Skuna Valley Railroad, LLC between milepost 21.0 at Bruce Junction and milepost 0.0 at Bruce, in Yalobusha and Calhoun Counties, Mississippi, a distance of 21.0 miles, and who claim a taking of their rights to possession, control and enjoyment of such lands due to the operation of the "rail banking" provisions of the National Trails System Act, 16 U.S.C. Section 1247(d). Excluded from this Class are the owners of land that abut segments of the subject right-of-way in which the railroad acquired a fee simple interest; railroad companies and their successors in interest; persons who have filed, intervened, or choose to intervene or opt in to separate lawsuits against the United States for compensation for the same interests in land." The class is certified for the purpose of determining whether the actions taken by the United States pursuant to the NTSA resulted in a taking of private property for which just compensation must be paid under the Fifth Amendment to the U.S. Constitution. J. Robert Sears, Esq. -- sears@bscr-law.com -- of the firm Baker Sterchi Cowden & Rice, L.L.C., was appointed Class Counsel. A copy of the Court's January 24, 2013 Opinion is available at http://is.gd/wUD9pafrom Leagle.com. WARNER BROS: Digital Copy Expiry Suit Dismissed With Prejudice -------------------------------------------------------------- District Judge Patricia A. Seitz dismissed with prejudice the class action lawsuit captioned PAULINE MERL, et al., Plaintiffs, v. WARNER BROS. ENTERTAINMENT INC., et al., Defendants, Case No. 1:12-CV-20870-PAS, (S.D. Fla.). Pauline Merl, Scott Merl, and Richard J. Overton alleged that DVD and Blu-ray movie packages from Warner Bros. Entertainment Inc., New Line Cinema LLC, Sony Pictures Home Entertainment Inc., Universal City Studios LLC, and Universal Studios Home Entertainment LLC contained representations on the outside of the packaging that a Digital Copy of the movie was included with the purchase of the movie package. The Plaintiffs complain that the Digital Copies were subject to expiration dates that were either not disclosed conspicuously on the outside of the movie packages, or were not disclosed at all. As a result, they were unable to access the Digital Copies because these had already expired when they tried to access them. The Merls purchased three movie titles, and Mr. Overton purchased three movie titles. The Court dismissed with prejudice the Complaint with respect to all six titles. "The Plaintiffs fail to state a claim because the expiration dates were disclosed for each of the titles they purchased," Judge Seitz concluded. "This case is CLOSED." A copy of the District Court's January 23, 2013 Order is available at http://is.gd/g9E4ocfrom Leagle.com. WOLFGANG PUCK: Faces Overtime Class Action in New York ------------------------------------------------------ Courthouse News Service reports that Wolfgang Puck Catering and Events and Compass Group USA stiffed workers for overtime, a class action claims in New York County Supreme Court. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Noemi Irene A. Adala, Joy A. Agravante, Ivy B. Magdadaro, Julie Anne L. Toledo, Christopher Patalinghug, Frauline Abangan and Peter A. Chapman, Editors. Copyright 2013. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-241-8200. * * * End of Transmission * * *