Gitson v. Trader Joe’s Co., 13cv1333 (N.D. Cal.): Plaintiffs’ complaint alleged labeling violations of eight “purchased” products, including yogurt, soy yogurt, candy and enchilada sauce. The complaint included allegations that the products are misbranded because the labels list ECJ and contain additives or preservatives. The court dismissed claims based on products the plaintiffs did not purchase. The court further found that no reasonable consumer would conclude that soy milk labeled as “lactose and dairy free” and an “alternative to dairy milk” comes from a cow. The court also dismissed with leave to amend the ECJ claim, explaining that the products’ Nutrition Facts panel clearly disclosed the presence of “sugar” in the products. 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.