Jacqueline E. Young

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Ibarrola v. Kind LLC, No. 3:13-cv-50377 (N.D. Ill.): The court granted defendant’s motion to dismiss in a putative class action alleging claims under the Illinois Consumer Fraud Act, common law fraud, and unjust enrichment, claiming that defendant’s use of evaporated cane juice in its products was misleading and misbranded because plaintiff was not aware that…

Alamilla v. Hain Celestial Grp., Inc., 13-cv-5595 (N.D. Cal.):  The court granted defendant’s motion to dismiss with prejudice in a putative class action alleging claims under California’s CLRA, UCL, and FAL, as well as a violation of Magnusson-Moss, breaches of express and implied warranties, and unjust enrichment, claiming that defendant misrepresented their juice products…

Dye v. Bodacious Food Co., No. 9:14-cv-80627 (S.D. Fla.):  The court rejected plaintiff’s motion for class certification as premature in a recently filed putative class action alleging claims under Florida’s DUTPA, negligent misrepresentation, breach of express warranty, a violation of Magnusson-Moss Warranty act, and unjust enrichment, claiming defendant advertises its cookies as “all natural,” when…

In re: Ferrero Litig., No. 12-56469 (9th Cir.):  The Ninth Circuit affirmed a district court’s final settlement approval and award of attorneys’ fees, over objection, in a putative class action alleging that defendant misrepresents the health benefits of its Nutella products.  The settlement awarded $550,000 in settlement funds, along with certain non-monetary relief, in contrast…

Figy v. Amy’s Kitchen, Inc., 13-cv-3816 (N.D. Cal.):  The court granted in part and denied in part plaintiff’s motion to amend an earlier dismissal in a putative class action alleging claims under California’s UCL, FAL, CLRA, and a number of common law tort claims, alleging that defendant’s use of the term “organic evaporated cane juice”…

Epstein v. Aidells Sausage Co., No. 9:14-cv-80916 (S.D. Fla.):  Putative class action alleging claims under Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranty, violations of Magnusson-Moss, and unjust enrichment, claiming that defendant misrepresents its sausages as “all natural” when they contain unnatural, synthetic, artificial, and/or GMO ingredients including Cane…

Thomas v. Gerber Prods Co., No. 2:12-cv-00835 (D.N.J.): The court granted in part and denied in part defendant’s motion to dismiss in a putative class action alleging claims under New Jersey, California, New York, and Washington’s respective consumer protection statues, as well as New Jersey state claims for breach of express and implied warranty and…

Thomas v. Costco Wholesale Corp., No. 5:12cv2908 (N.D. Cal.):  The court granted in part and denied in part defendant’s motion to dismiss in a putative class action alleging claims under California’s UCL, FAL, and CLRA claiming that several of defendant’s products were misbranded and/or misleading with respect to a) nutrient content, b) antioxidant claims, c)…

Leonhart v. Nature’s Path Foods, No. 5:13cv492 (N.D. Cal.): The court granted defendant’s motion to dismiss with leave to amend in a putative class action alleging claims under California’s UCL, FAL, and CLRA claiming that several of cefendant’s products were misbranded with respect to a) ECJ, b) unapproved health or drug claims, c) “low sodium”…

Barnes v. Campbell Soup Co., No. 3:12cv5185 (N.D. Cal.): In a putative class action alleging claims under California’s consumer protection statutes, based on defendant’s “100% Natural” labelling of products allegedly containing GMOs, the parties stipulated to a dismissal of the entire action with prejudice. Order.

Krzykwa v. Campbell Soup Co., No 0:12cv62058 (S.D. Fla.): In…