Category: Class Certification

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Court Certifies California Class in Almond Milk Labeling Case, But Not National Class

Werdebaugh v. Blue Diamond Growers, No. 5:12-cv-02724 (N.D. Cal.):  Judge Koh of the Northern District of California granted in part and denied in part plaintiff’s motion for class certification in a case alleging that Blue Diamond falsely labels its almond milk products as containing “evaporated cane juice” instead of sugar and as being “all natural” … Continue Reading

Parties Agree to Dismiss All-Natural Nutrition Bars Suit

Sethvanish v. ZonePerfect Nutrition Co., No. 3:12-cv-02907 (N.D. Cal.): Having denied class certification in February 2013, the court entered a stipulated dismissal with prejudice between the parties in a putative class action claiming common law fraud, violations of California’s UCL, FAL, and CLRA, and breach of quasi contract, based on defendant’s alleged misuse of the … Continue Reading

Court Certifies Injunctive Relief Class But Denies Certification of Damages Class

Lanovaz v. Twinings North America, Inc., No. 12cv2646 (N.D. Cal.):  In an action alleging claims under California’s UCL, FAL, and CLRA, based on representations on defendant’s tea products that they are a “Natural Source of Antioxidants,” the court granted in part and denied in part plaintiff’s motion for class certification.  The court ruled that Rule … Continue Reading

Court Denies Class Certification for Failure to Meet Predominance Test

Caldera v. The J.M. Smucker Co., No. 2:12cv4936 (C.D. Cal.):  The court denied plaintiff’s motion for class certification in a case alleging claims under California consumer protection statutes based on defendant’s labeling of Crisco products as containing “50% Less Saturated Fat Than Butter” and of Uncrustables products as “Whole Grain 16g or more.”  With respect … Continue Reading

Certification Granted in “100% Pure” Olive Oils Class Action

Ebin v. Kangadis Food Inc., No. 1:13-cv-2311 (S.D.N.Y.):  Plaintiffs alleged warranty claims, fraud and misrepresentation claims, as well as claims under New Jersey’s Consumer Fraud Act and New York’s GBL section 349 based on defendant’s alleged practice of selling olive oil labelled “100% Pure Olive Oil,” which in fact contained “olive-pomace oil,” “olive-residue oil,” or … Continue Reading

Certification Denied on Ascertainability Grounds in ZonePerfect “Natural” Class Action

Sethavanish v. ZonePerfect Nutrition Co., 12cv2907 (N.D. Cal.): The court denied class certification in a putative class action based on defendant’s alleged misuse of the phrase “All-Natural Nutrition Bars” on its products, where the products contain allegedly “synthetic” ingredients.  Plaintiff alleged that she purchased the bars for her husband and that she would have purchased … Continue Reading

Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case

Astiana v. Ben & Jerry’s Homemade, No. 10-cv4387 (N.D. Cal.):  The court denied plaintiff’s motion for class certification, finding that plaintiff had failed to establish ascertainability or commonality under Rule 23(a) and predominance under Rule 23(b).  The Astiana case involves ice cream labeled “all natural,” which plaintiff alleged contain “synthetic” alkalized chocolate. In denying class … Continue Reading

New Filings – January 08, 2014

Posner v. Hain Celestial Group, No. 13cv9310 (C.D. Cal.): Plaintiffs allege that defendants falsely market their teas as “100% natural” but contend that third-party testing reveals that defendant’s teas contain residue of pesticides, herbicides and other chemicals in excess of U.S. pollution standards. Complaint. Levin v. Hain Celestial Group, No. 13cv 9314 (C.D. Cal.): Plaintiffs … Continue Reading

Court Certifies Class Where Olive Pomace Oil Was Labeled “100% Pure Olive Oil”

The New York federal judge hearing Ebin v. Kangadis Foods Inc., No. 13cv2311 (S.D.N.Y.) denied a motion to dismiss and granted plaintiffs’ motion for class certification in this case, in which plaintiffs allege that defendants’ falsely label as “100% pure olive oil” a product derived from olive pits and other byproducts of the olive oil … Continue Reading

Final Settlement Approval Granted in Naked Juice False Ad Suit

A California federal judge hearing Papas v. Naked Juice Co., No. 11cv8276 (C.D. Cal.) granted final approval to the settlement of a nationwide class action against defendant related to labeling products “All Natural,” “100% Juice,” “100% Fruit,” “Not From Concentrate,” and “Non-GMO.” Under the nationwide settlement, defendant will pay $9 million to compensate class members … Continue Reading

Chipotle Defeats Class Certification in “Naturally Raised” Meat Lawsuit

Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF (JCx) (C.D. Cal.): The court denied class certification in a case alleging that Chipotle advertised its use of “naturally raised” meats but occasionally served conventionally raised meats when naturally raised meats were not available. Because Chipotle’s alleged misconduct occurred only intermittently at different times at … Continue Reading

New Filings – December 9, 2013

Ibarrola v. Kind, LLC, No. 13-cv-50377 (N.D. Ill.): Plaintiff alleges that various of Kind’s snack products are misbranded because they list “evaporated cane juice” as an ingredient instead of sugar. The complaint alleges various claims under Illinois law on behalf of a putative nationwide class. Complaint. Alamilla v. The Hain Celestial Co., No. 13-cv-05595 (N.D. … Continue Reading

New Filings – November 12, 2013

Suarez v. Anheuser-Busch Cos. (Fla. Cir. Ct., 11th Jud. Circ.) (Miami-Dade County):  Plaintiffs allege that Anheuser-Busch misleads consumers to believe that Kirin beer is manufactured and imported from Japan, when in fact it is made in the U.S. of domestic ingredients – and that plaintiffs paid substantially more for Kirin under the belief that the … Continue Reading

Court Dismisses In Part Evaporated Cane Juice Claims Against Wallaby Yogurt

Morgan v. Wallaby Yogurt Co., No. 13cv0296 (N.D. Cal.): The court granted in part, and denied in part, defendant’s motion to dismiss plaintiffs’ complaint that alleged that various Wallaby yogurt products were mislabeled by listing ECJ as an ingredient. The court rejected Wallaby’s primary jurisdiction defense, explaining that determining whether a label is misleading is … Continue Reading

Court Dismisses Vague and “Conclusory” Allegations in Complaint Against Welch Foods

Park v. Welch Foods, Inc., 12cv6449 (N.D. Cal.): Plaintiffs filed a 40-page, 230-paragraph complaint against Welch Foods, alleging that a wide variety of Welch juices and juice products violate California consumer protection statutes. The court dismissed all of the claims without prejudice finding that despite its length, the complaint provides no detail of the actual … Continue Reading