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
Class Certification
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…
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…
“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…
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…
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,…
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…
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…
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…
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…