Simpson v. California Pizza Kitchen, 13cv0164 (S.D. Cal.). Plaintiff alleged that defendants’ frozen pizza products contain trans-fatty acids (TFAs) in the form of partially hydrogenated vegetable oils (PHVOs), an ingredient she claims is not safe for consumption at any level. The court granted the motion to dismiss without prejudice. First, the court found that plaintiff lacked standing, because she had not alleged that consuming five frozen pizzas over a year-long period would expose her to the alleged risks associated with consuming PHVO. Further, because she consumed the pizzas—which disclosed the ingredient on its labels—the count found that she had received the benefit of her bargain, and had therefore suffered no economic injury. The court also denied plaintiff’s public nuisance and UCL claims, finding that TFAs are “generally regarded as safe” under FDA regulations and could not therefore qualify as “adulterated” as alleged by plaintiff. Order.

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Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.