Torrent v. Ollivier et al, No. 2:15-cv-02511 (C.D. Cal.): On behalf of a statewide class of California consumers, Plaintiff alleges that Defendants falsely advertise their Himalania brand goji berries, creating the impression that the goji berries are harvested in and transported from the Himalayas mountain range, when in fact they are harvested in the
Mica D. Simpson
Cholesterol Case Survives Renewed Effort Dismissal
Aguilar v. Boulder Brands, Inc. No. 3:12-cv-01862 (S.D. Cal.): In this putative class action alleging violations of California’s UCL and CLRA, Plaintiff claims that Defendant’s Smart Balance spreadable butter is deceptively marketed as helping to block cholesterol, when it in fact does not contain a sufficient amount of plant sterols to do so. Plaintiffs had…
Court Dismisses Claim for Injunctive Relief in “All Natural” Case, Remainder of Claims Survive
Anderson v. The Hain Celestial Group, Inc., No. 5:14-cv-03895 (N.D. Cal.): In this putative class action alleging violations of California’s CLRA, FAL and UCL, Plaintiff bases her claims on allegations that Defendant’s “Sunflower Dream” drink is misleadingly labeled “all natural,” while it contains artificial ingredients. Defendant moved for dismissal, and the Court granted in…
Judgment Entered After Summary Judgment Victory in Juice False Advertising Suit
Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D. Cal.): As we previously reported here, a federal judge recently granted Defendant’s motion for summary judgment and denied as moot Plaintiff’s motion for class certification in a putative class action alleging that Defendant’s “100% Juice” labels were deceptive, given that they contained “No Sugar…
Another Food Class Action Stayed Pending Ninth Circuit’s Guidance in ConAgra
Parker v. J.M. Smucker Co., No. 13-cv-0690 (N.D. Cal): A federal judge has ordered a stay of proceedings pending action by the Ninth Circuit in Jones v. ConAgra. Plaintiff in the Parker action alleges that various Crisco products labeled are “all natural” but contain GMO corn, soy or canola. The court ordered a…
“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment
Brazil v. Dole Packaged Foods, LLC, No. 5:12-cv-01831(N.D. Cal.): After partially decertifying a putative class action alleging that Dole’s fruit products are misbranded as “all natural,” Judge Lucy Koh granted Dole’s motion for summary judgment, bringing to an end the lengthy Brazil v. Dole litigation.
Judge Koh found that plaintiff failed to present evidence…