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

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 of class certification.
Continue Reading Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

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

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

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

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

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

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

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