Category: Class Certification

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New Filings – December 29, 2017

Organic Consumers Association v. R.C. Bigelow, Inc., No. 17CA8375 (D.C. Super. Ct.): Plaintiff asserts a cause of action for violation of the District of Columbia Consumer Protection Procedures Act alleging that defendant deceptively labeled, marketed and sold its Bigelow’s Green Tea as “All Natural” and “Natural,” when in fact the product contains the synthetic chemical … Continue Reading

New Filings – December 15, 2017

Miao v. Iovate Health Sciences U.S.A. Inc., No. 1:17-cv-09427 (S.D.N.Y.): Putative slack-fill class action asserting violations of New York’s Deceptive and Unfair Trade Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges that Defendant’s containers of Herbal Zen Nutrition plant-based protein powder are 40% slack-filled.… Continue Reading

New Filings – November 15, 2017

Hilel v. Gilda Industries Inc., No. CACE-17-019821 (Fl. Circuit Ct. – Broward Cnty.): Putative class action alleging violation of Florida’s Deceptive and Unfair Trade Practices Act and raising claims for negligent misrepresentation, breach of express warranty, and unjust enrichment. Plaintiff alleges Defendant misrepresented that its cracker products are “all natural,” when the crackers actually contain … Continue Reading

New Filings – October 15, 2017

Daniel v. Tootsie Roll Industries, LLC, No. 1:17-cv-07541 (S.D.N.Y.): Putative class action for violation of New York’s Deceptive and Unfair Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges Defendant’s boxes of Junior Mints candy are deceptively 43% slack fill, in excess of what is … Continue Reading

New Filings – October 2, 2017

Kramarz v. JR Carlson Laboratories Inc., 2017-CH-12609 (Ill. Super. Ct. – Cook Cnty.): Putative class action raising claims for breach of express warranty and unjust enrichment, and alleging violations of various states’ consumer protection statutes, including the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiff alleges Defendant misleadingly markets its sports supplement called “L-Glutamine” … Continue Reading

Rulings, Orders, Settlements – August 4, 2017

Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative non-functional slack-fill class action for violation of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff alleges that Defendant misleads consumers … Continue Reading

New Filings – July 22, 2017

Kiihne v. NBTY, Inc., et al., No. T17-30 (Cal. Super. Ct. – Placer Cnty.):  Putative  class action for violation of California’s UCL, FAL, and CLRA. Plaintiff alleges that Defendants deceptively label and market their Megadose niacin products by downplaying potential side effects. Lau v. Pret A Manger (USA) Limited – Complaint, No. 1:17-cv-05775 (S.D.N.Y.): Putative … Continue Reading

Food Litigation Year in Review

Perkins Coie has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.  The Year in Review’s key insights include data-driven assessments of how (and where) the plaintiffs’ bar has continued its assault on the food industry in 2016. That data reflect the filing of … Continue Reading

Recent Significant Rulings for January 24, 2017

Stay Lifted In Olive Oil False Advertising Suit Koller v. Med Foods, Inc., No. 3:14-cv-2400 (N.D. Cal.): The Court issued an order lifting the stay of this putative class action asserting violations of California’s CLRA, FAL, UCL, and raising claims for fraud and deceit. Plaintiff claims Defendants misled consumers into paying a premium for their … Continue Reading

Court Rejects Repeat Plaintiff’s Unsupported Bid for Class Certification in False Labeling Action Involving Goji Berries

Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D. Cal.):  The Court denied Plaintiff’s motion for class action certification in this putative class action asserting violations of California’s CLRA and UCL, based on the allegation that Defendants false represent that their goji berries were harvested from the Himalayas, when they, in fact, came from the Ningxia … Continue Reading

Ninth Circuit Reverses Summary Judgment in “All Natural Fruit” Case, Upholds Denial of Class Certification

Brazil v. Dole Packaged Foods, LLC, No. 14-17480 (9th Cir.):  In an unpublished decision, the Ninth Circuit reversed the district Court’s dismissal on summary judgment of Plaintiff’s claims under the UCL, FAL, and CLRA, but upheld the district Court’s denial of class certification in this closely watched case alleging that the use of the word … Continue Reading

Court Rejects Apparent Attempt to Manufacture Standing in Plaintiff’s Bid for Reconsideration of Denial of Class Certification

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. Cal.): The Court denied Plaintiff’s renewed motion for class certification in this putative class action alleging violations of California’s UCL based on the claim that Defendant falsely represents that its probiotic beverages (“Yakult”) are beneficial to digestive and immune system health, despite contradictory scientific evidence. The sole … Continue Reading

Court Denies Plaintiffs’ Bids for Class Certification in Suits Alleging Tea Company Made Improper Antioxidant Claims

Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): The Court denied Plaintiff’s motion for class certification in this putative class action asserting violations of California’s UCL, CLRA, and FAL, and raising a claim for unjust enrichment.  Plaintiff’s fourth amended complaint accuses Defendant of making unlawful health, nutrient content, and antioxidant claims on the packaging … Continue Reading

Court Points to Lack of Standing to Deny Class Certification in Yakult Class Action

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 III standing … Continue Reading

Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

Suchanek v. Sturm Foods, Inc. et al., No. 3:11-cv-565 (S.D. Ill.): In a putative class action alleging violations of eight states’ consumer protection statutes, claiming that Defendants falsely represent that their Garden Square coffee products (“GSC”) are made of freshly ground coffee, when they are, in fact, instant, the Court denied Defendants’ motion for reconsideration … Continue Reading

Denial of Class Certification in Tomato Products False Advertising Suit

Kosta v. Del Monte Corp., No. 4:12-cv-01722 (N.D. Cal.): For the third time, the Court denied class certification in this national class action raising claims under California’s UCL, FAL and CLRA. Plaintiffs allege that Defendant’s tomato products — which feature labels making antioxidant claims and statements that the products are a “natural source” of lycopene,” … Continue Reading

Court Grants Class Certification in Kraft Foods Cheese Case

Morales et al v. Kraft Foods Group, Inc. et al., No. 2:14-CV-04387 (C.D. Cal.): The Court granted class certification in this putative class action alleging claims under California’s UCL, FAL, and CLRA for false and misleading advertising of cheese labeled “all natural” despite containing artificial ingredients such as food coloring. The Court concluded that the … Continue Reading

Ninth Circuit Vacates Class Certification in Nutritional Beverage Case

Cabral v. Supple LLC, No. 5:12-CV-00085 (9th Cir.): The Ninth Circuit vacated class certification and remanded this putative class action asserting claims under California UCL, FAL, and CLRA based on claims that defendant deceptively markets its nutritional beverage as effective at treating joint pain when they are not. The court determined that there was insufficient … Continue Reading

Court Leaves Standing and Choice of Law Questions for Class Certification Stage

Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D. Cal.): The Court granted in part and denied in part Defendant’s motion to dismiss or, in the alternative, motion to strike, in putative class action alleging that several of Defendant’s prepackaged food products were mislabeled as having “NO MSG ADDED” and “100% all natural ingredients” when the … Continue Reading
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