Category: Class Certification

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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

Class Partly Decertified in Dole “All Natural” Case

Brazil v. Dole Food Company, Inc. et al, No. 5:12-cv-01831 (N.D. Cal.): A federal judge granted in part and denied in part a motion to decertify in this putative class action asserting that defendant’s fruit products are misbranded as “all natural.” In decertifying the damages class, the court ruled that plaintiff’s damages report had failed to … Continue Reading

Class Partly Decertified in Dole “All Natural” Case

Brazil v. Dole Food Company, Inc. et al, No. 5:12-cv-01831 (N.D. Cal.): A federal judge granted in part and denied in part a motion to decertify in this putative class action asserting that defendant’s fruit products are misbranded as “all natural.” In decertifying the damages class, the court ruled that plaintiff’s damages report had failed … Continue Reading

No Class Certification in Del Monte Case

Kosta v. Del Monte Corp., No. 12cv1722 (N.D. Cal.) The court denied plaintiffs’ motion for class certification without prejudice in a putative class action alleging that more than a dozen Del Monte products were wrongly labeled as “all natural” (but contained synthetic ingredients and processing) and “fresh” (but contained pasteurized products or preservatives) and were … Continue Reading

New Filings

Scarola v. That’s How We Roll LLC, No. 9:14cv80983 (S.D. Fla.): Putative class action alleging claims under Florida’s Deceptive and Unfair Trade Practices Act, Magnusson-Moss, negligent misrepresentation, breach of express warranty, and unjust enrichment, claiming that the defendant misrepresents its chips as “all natural” when they contain GMO ingredients, such as white corn, corn oil, … Continue Reading

Court Grants Preliminary Approval of Red Bull Settlement

Careathers v. Red Bull N. Am. Inc., No. 1:13cv369 (S.D.N.Y.): In a putative class action alleging claims under multiple state consumer protection statutes, breach of express warranty, and unjust enrichment, claiming that the defendant falsely marketed its energy drinks by suggesting that they were a superior source of energy beyond caffeine and contained functional benefits … Continue Reading

Court Approves Final Settlement of Quaker Oats settlement

In re: Quaker Oats Labeling Litig., No. 5:10-cv-00502-RS (N.D. Cal.): In a putative class action alleging various federal and state claims pertaining to the defendant’s inclusion of partially hydrogenated oils in Quaker Oats products, the court granted final settlement approval as requested and entered final judgment. We previously wrote about the preliminary settlement approval here. … Continue Reading

Court Dismisses ECJ Claims Due to Lack of Reliance

Swearingen v. Pacific Foods of Oregon, Inc., No. 13cv4157 (N.D. Cal.): In a putative class action alleging claims under California’s UCL and CLRA that the defendant’s almond milk and other products are misbranded and misleading to the extent they list ECJ as an ingredient rather than sugar, Judge Donato granted the defendant’s motion to dismiss. … Continue Reading

Court Partially Dismisses Case Involving “All Natural” and “Reduced Fat” Claims

Hall v. Diamond Foods, Inc., No. 14cv2148 (N.D. Cal.): In a putative class action alleging claims under California’s UCL, FAL, CLRA, and for unjust enrichment, the plaintiffs claimed that the defendant falsely labels and advertises its Kettle and Tias! chips as, among other things, “all natural,” “reduced fat,” or “40% reduced fat” when, in fact, … Continue Reading

Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations

Victor v. R.C. Bigelow, Inc., No. 13cv2976 (N.D. Cal.): In a putative class action alleging claims under California’s CLRA, FAL, and UCL that the defendant’s tea products are misbranded and misleading because they make improper health claims that they “deliver[] healthful antioxidants,” Judge Orrick granted in part and denied in part the defendant’s motion to … Continue Reading

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc,  No. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun. 13, 2014) is the most recent decision.  In Jones, Judge Charles R. Breyer rejected each of … Continue Reading

Court Finds Pre-Answer Certification Motion Premature

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 … Continue Reading

Court Denies Class Certification in “All Natural” Case

Jones v. Conagra Foods, Inc., No. 3:12-cv-1633 (N.D. Cal.): In a putative class action raising claims under California’s UCL, FAL, CLRA, and unjust enrichment, plaintiff alleged that 1) defendant’s Hunt’s tomato products are misrepresented as “100% Natural” or “Free of artificial ingredients & preservatives” when in fact they contain citric acid and/or calcium chloride; 2) … Continue Reading

Court Denies Class Certification for Lack of Ascertainability

Bruton v. Gerber Prods Co., No. 12cv2412 (N.D. Cal.):  The court has denied a motion for class certification in this putative class action alleging claims under California’s UCL, FAL, and CLRA.  Plaintiffs claim that Gerber misbrands and misrepresents its baby food products as to certain nutrient content claims, specifically: claims that the products are an … Continue Reading

Class Certified in “All Natural” Labeling Suit Against Dole

Brazil v. Dole Packaged Foods LLC, No. 5:12-cv-01831 (N.D. Cal.):  Judge Koh granted in part and denied in part plaintiff’s motion for class certification in a case alleging that Dole misrepresents its various fruit and berry products as “all natural” when they contain synthetic ingredients.  Largely tracking her class certification analysis in Werdebaugh v. Blue … Continue Reading
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