Magier v. Trader Joes Co. et al, No. 1:16-cv-43 (S.D.N.Y.): Putative class action alleging that Defendant’s five-ounce canned tuna products weigh substantially less than labeled and are under-filled. Complaint.

Envtl. Research Ctr., Inc. v. Chosen Foods Inc., et al, No. RG16-798895 (Cal. Sup. Ct. – Alameda Cnty.): Proposition 65 action alleging that Defendants do not warn that their nutritional health products contain lead. Complaint.

Perea v. Tate’s Bake Shop, Inc., No. 16-36077196 (Fla. Cir. Ct. – Miami-Dade Cnty.): Action alleging that Defendant markets its cookie products as “All Natural” when they contain soy lecithin, which Plaintiff alleges is made with unnatural ingredients and contains pesticides. Complaint.Continue Reading New Filings for January 25, 2016

In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.):  Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their “foot long” label. The terms of the proposed settlement

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. Cal.): The Court denied Plaintiff’s motion for class certification in this putative class action alleging that Defendant falsely represents that its probiotic beverages are beneficial to digestive and immune system health, despite contradictory scientific evidence.  The Court found that the sole named Plaintiff lacked Article

Tsan v. Seventh Generation Inc., No. 3:15-cv-00205 (N.D. Cal.): Putative class action alleging that Defendant deceptively markets its cleaning supplies and paper products as “all natural” when in fact they contain chemicals and synthetic ingredients. Complaint.

Mladenov v. Whole Foods Inc., No. 15cv0382 (D.N.J.): Putative class action alleging that Whole Foods falsely marketed and advertised

Bronson v. Johnson & Johnson Inc., No. 3:12-cv-04184 (N.D. Cal.): Plaintiffs stipulated to dismissal with prejudice of their individual claims in this putative class action alleging that Defendant misrepresented the health benefits—such as added antioxidants, vitamins, and fiber—of its Splenda Essentials sweetener products.

Bohlke v. Shearer’s Foods, LLC, No. 9:14cv80727 (S.D. Fla.): In a putative class action alleging that Defendant misrepresents its Brown Rice Crisps products as being “All Natural” and containing “No Artificial Ingredients,” when in fact they contain unnatural, synthetic, or artificial ingredients such as Masa Corn Flour, Canola Oil, and Maltodextrin, the Court granted in part and denied in part Defendant’s motion to dismiss the amended complaint and denied Defendant’s motion to strike the nationwide class-action allegations.

In its motion to dismiss, Defendant argued that the Court should defer to the FDA regarding the meaning of the term “natural” under the primary jurisdiction doctrine. The Court followed other courts in rejecting Defendant’s argument on the grounds that the FDA does not regulate “natural” claims. The Court, however, agreed with Defendant’s argument that Plaintiff had no standing as to products that she did not actually purchase, and therefore dismissed claims related to flavors of brown rice crisps that Plaintiff did not purchase. The Court declined to dismiss claims based on different product labels, finding that issue more suitable for determination at the summary judgment.
Continue Reading Nationwide Putative Class Action Over “All Natural” Brown Rice Crisps Lives On

Koller v. Deoleo USA Inc., No. 3:14cv2400 (N.D. Cal.): A federal judge in California denied a defendant’s motion to dismiss a complaint alleging that defendant misleadingly markets its extra virgin olive oil as “Imported from Italy” when the olives are not grown or pressed in Italy, and where defendant uses clear, non-ultraviolet bottles for

Bruton v. Gerber Prods., No. 12-cv-2412 (N.D. Cal.):  A California federal judge denied plaintiff’s motion for partial summary judgment and granted defendant’s motion for summary judgment in a putative class action alleging that Gerber misbrands and misrepresents its baby food products as to certain nutrient content claims.  The court premised its decision to award

Werdebaugh v. Blue Diamond Growers, No. 12-cv-02724 (N.D. Cal.): A federal judge in California granted defendant’s motion to decertify the class in a putative class action alleging that defendant’s package labeling is unlawful, deceptive, and misbranded due to Evaporated Cane Juice and “All Natural” statements on defendant’s almond milk products.  The court had previously