Category: Class Certification

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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

Partial Class Certification Granted in “100% Natural” Cooking Oil Action

In re Conagra Foods, No. 2:11cv05379 (C.D. Cal.): A federal judge granted in part and denied in part plaintiff’s amended motion for class certification in this putative class action alleging claims under various states’ consumer protection laws, breach of express and implied warranty and unjust enrichment, based on the claim that defendants label their cooking … Continue Reading

Federal Court Denies Class Certification of Ensure Muscle Health Omission Claims

Otto v. Abbott Laboratories, Inc., No. 5:12-cv-01411 (C.D. Cal.): The Central District of California granted Abbott’s motion to deny class certification of plaintiff’s claims that the labeling of Abbott’s Ensure Muscle Health drink was materially misleading because it failed to inform customers that the drink’s muscle rebuilding properties were not effective for customers with low … Continue Reading

Blue Diamond Almond Milk Class Decertified

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 denied … Continue Reading

“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 demonstrating … Continue Reading

Mott’s Defeats Class Certification in Apple Juice Labeling Fight

Rahman v. Mott’s LLP, No. 3:13-cv-03482 (N.D. Cal.):  A California federal judge denied certification of a California class in a case alleging that Mott’s mislabeled its 100% apple juice as “no sugar added.”  The plaintiff sought class certification under Rule 23(b)(3) for his California Unfair Competition Law and quasi-contract claims, which previously survived summary judgment.  … Continue Reading

Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil Labeling Dispute

In re ConAgra Foods, Inc., No. 2:11-cv-05379 (C.D. Cal.):  A federal judge in California tentatively ruled to certify classes in ten states alleging ConAgra Foods falsely advertises its Wesson-brand vegetable oils as “100% natural” when they contain oils extracted from genetically-modified organisms.  The court’s tentative ruling would approve classes in California, Colorado, Florida, Indiana, Nebraska, … Continue Reading

Damages Class Decertified

Brazil v. Dole Food Company, Inc. et al., No. 5:12-cv-01831(N.D. Cal.): The Court decertified a damages class but declined to certify an injunction class in this action where Plaintiff alleges that Dole’s fruit products are misbranded as “all natural.”  In decertifying the damages class, the Court ruled that the damages report prepared by Plaintiff’s expert … Continue Reading

Class Certification Rejected in Skinnygirl Advertising Suit

Langendorf v. Skinnygirl Cocktails, LLC et al, No. 1:11-cv-07060 (N.D. Ill.): A federal court rejected class certification in a class action alleging false advertising based on the use of preservatives in a drink mix labeled “all natural.”  The court held that the proposed class failed to meet the ascertainability requirement, as plaintiff proposed no method … Continue Reading
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