Category: Dismissal

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Denial of Motion for Reconsideration in Baby Food False Advertising Suit

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D. Cal.): The Court denied Defendant’s motion for reconsideration of an earlier order denying a motion to dismiss in this putative class action alleging Defendant’s violated California’s UCL, FAL, and CLRA, when they advertised their baby food products as helping to prevent infants from developing allergies.   The … Continue Reading

Court Grants in Part and Denies in Part Motion to Dismiss in Instant Noodles False Advertising Suit

Guttman v. Nissin Foods Company, Inc., No. 4:15-cv-00567 (N.D. Cal.): The Court granted in part and denied in part Defendant’s motion to dismiss in this putative class action alleging violations of California’s UCL, and raising claims of nuisance and breach of implied warranty, based on claims that Defendant’s instant noodles are labeled as “Trans Fat: … Continue Reading

Court Denies Motion to Dismiss in Probiotic Beverage False Advertising Suit

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. Cal.): The Court denied Defendant’s motion to dismiss in this putative class action where Plaintiff contend that Defendant violated California’s UCL by claiming that its probiotic beverages are beneficial to digestive and immune system health, when such claims are contrary to scientific evidence. The Court found that … Continue Reading

Court Denies Motion to Dismiss on Primary Jurisdiction Grounds

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D. Cal.): The Court denied a motion to dismiss on primary jurisdiction grounds in this putative class action asserting claims under California UCL, FAL, and CLRA. In denying the motion, the Court held that the issue of whether Ddefendant’s product claims were false and misleading was neither an … Continue Reading

District Court Dismisses and Stays False Labeling Case Against Nature’s Path

Leonhart v. Nature’s Path Foods, Inc., No. 13-cv-00492 (N.D. Cal.): The Court granted Defendant’s motion to dismiss Plaintiff’s claims that Defendant’s cereal products are misleadingly labeled as low sodium, and granted Defendant’s motion to stay pending the Ninth Circuit’s resolution of appeals pending in Jones v. ConAgra Foods, Inc., Case No. 14-16327, and Brazil v. … Continue Reading

Court Grants in Part and Denies in Part Motion to Dismiss In Juice False Advertising Suit

Reynolds v. Wal-Mart Stores, Inc., No. 4:14-cv-00381 (N.D. Fla.): The Court granted in part and denied in part Defendant’s motion to dismiss in this putative class action alleging violations of Florida’s DUTPA, breach of express and implied warranty statutes, as well as unjust enrichment based on claims that Defendant’s Great Value 100% Cranberry Pomegranate Juice … 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

Cholesterol Case Survives Renewed Effort Dismissal

Aguilar v. Boulder Brands, Inc. No. 3:12-cv-01862 (S.D. Cal.): In this putative class action alleging violations of California’s UCL and CLRA, Plaintiff claims that Defendant’s Smart Balance spreadable butter is deceptively marketed as helping to block cholesterol, when it in fact does not contain a sufficient amount of plant sterols to do so. Plaintiffs had initially … Continue Reading

Court Dismisses Claim for Injunctive Relief in “All Natural” Case, Remainder of Claims Survive

 Anderson v. The Hain Celestial Group, Inc., No. 5:14-cv-03895 (N.D. Cal.): In this putative class action alleging violations of California’s CLRA, FAL and UCL, Plaintiff bases her claims on allegations that Defendant’s “Sunflower Dream” drink is misleadingly labeled “all natural,” while it contains artificial ingredients. Defendant moved for dismissal, and the Court granted in part … Continue Reading

Court Strikes Complaint As “Shotgun Pleading”

Hulse v. Wal-Mart Stores, Inc., No. 15cv0233 (M.D. Fla.): In this putative class action alleging violations of Florida’s DUTPA, negligent misrepresentation, and unjust enrichment based on claims that defendant’s cranberry-pomegranate juice is misleadingly and unfairly labeled and marketed as “Cranberry Pomegranate,” when the juice is actually a flavored juice from concentrate, the Court struck the … Continue Reading

Court Dismisses Injunctive Relief Claim Allows Others to Proceed

Seidman v. Snack Factory LLC, No. 14cv62547 (S.D. Fla.): In this putative class action alleging violations of Florida’s DUTPA, the Magnuson-Moss Warranty Act, negligent misrepresentation, breach of express warranty and unjust enrichment, claiming Defendant falsely labels its Pretzel Crisps as “all natural” when they contain synthetic or artificial ingredients such as maltodextrin, soybean oil, dextrose … Continue Reading

Court Enters Partial Dismissal of “Handmade” Claims

Hofmann v. Fifth Generations Inc., No. 3:14-cv-02569 (C.D. Cal.): In this putative class action alleging violations of California’s UCL, FAL, and CLRA, as well as negligent misrepresentation based on claims that Defendant falsely calls its product “Tito’s Handmade Vodka” when the process is actually highly mechanized, the Court granted in part and denied in part … Continue Reading

Court Dismisses in Part “Natural” Claims

Barron v. Snyder’s-Lance, Inc., No. 0:13-cv-62496 (S.D. Fla.): In a putative class action complaint alleging numerous claims under various states’ consumer protection statutes, based on the allegation that Defendant’s products were misrepresented as “natural” when they contain GMOs and other artificial and synthetic ingredients, the Court granted in part and denied in part Defendant’s motion … Continue Reading

Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’ Case

Ibarrola v. Kind LLC, No. 3:13cv50377 (N.D. Ill.): The Court granted Defendant’s motion to dismiss with prejudice in a putative class action alleging claims under the Illinois Consumer Fraud Act, common law fraud, breach of warranty, and unjust enrichment, claiming that Defendant’s use of evaporated cane sugar and molasses in its products was misleading and … Continue Reading

Ninth Circuit Reverses Dismissal Based on Standing, Preemption

Reid v. Johnson & Johnson and McNeil Nutritionals, LLC, No. 12-56726 (9th Cir.): The Ninth Circuit reversed and remanded the district court’s order dismissing the case for lack of standing. The Ninth Circuit held that the “reasonable consumer” standard is used to determine violations of the UCL, CLRA, and FAL, but not Article III standing. … Continue Reading

Arkansas Court Dismisses “Natural Source of Antioxidants” Case

Craig v. Twinings North America, Inc., No. 5:14-cv-05214-TLB (W.D. Ark.): A federal judge in Arkansas dismissed a putative class action claiming Twinings deceived consumers by labeling its teas as being a “natural source of antioxidants.” The plaintiff claimed the teas do not meet the minimum nutrient level to make such a claim. The court, however, … Continue Reading

Muffin Mix Class Action Survives Dismissal

Musgrave v. ICC/Marie Callender’s Gourmet Products Division, No. 3:14-cv-02006-JST (N.D. Cal.): In this putative class action alleging that defendant’s bread and muffin mixes are falsely labeled and marketed as “all natural” when they in fact contain Sodium Acid Pyrophosphate (“SAPP”), a synthetic ingredient, a federal judge in California dismissed plaintiff’s unjust enrichment and injunctive claims … Continue Reading

Extra Virgin Olive Oil Complaint Beats Motion to Dismiss

Koller v. Deoleo USA Inc., No. 3:14cv2400 (N.D. Cal.): A federal judge in California denied a defendant’s motion to dismiss a complaint alleging that defendant misleadingly markets its extra virgin olive oil as “Imported from Italy” when the olives are not grown or pressed in Italy, and where defendant uses clear, non-ultraviolet bottles for its … Continue Reading

Honest Tea Defeats Motion to Dismiss

Salazar v. Honest Tea, Inc., Case No. 13cv2318 (E.D. Cal.):  A California federal court denied a motion to dismiss an amended complaint in a putative class action alleging that defendant misrepresents the amount of antioxidants contained in their tea products.  Plaintiff’s amended complaint alleged that the beverages’ labels violate FDA labeling requirements because they characterize … Continue Reading

After Another Round of Motions, the Court Dismisses Some Claims and Stays Others

Thomas v. Costco Wholesale Corp., No. 5:12cv2908 (N.D. Cal.):  Plaintiff alleged that eight of Costco’s Kirkland Signature food products are improperly labeled in violation of state and federal law.  After the Court dismissed some of Plaintiff’s claims in March, Plaintiff filed an amended complaint adding two new claims: violations of the implied warranty of merchantability … Continue Reading

Milk Advertising Class Action Dismissed

Ruiz v. Darigold, Inc./Northwest Diary Association, No. 2:14-cv-01283 (W.D. Wash.):  A federal judge dismissed a putative class action alleging that Defendants sell milk products falsely advertised as having been produced in an environment that is safe for animals, healthy for consumers, and respectful of workers’ rights.  The court held that plaintiff had failed to show … 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

Kraft Cheese Complaint Too Light on Facts to Escape Dismissal

Morales et al v. Kraft Foods Group, Inc. et al, No. 2:14-CV-04387 (C.D. Cal.).  A federal judge dismissed without prejudice this putative class action alleging that defendants’ cheese was misleadingly labeled “all natural” despite containing artificial ingredients such as food coloring.  The court granted leave to amend, cautioning plaintiffs during oral argument about the lack … Continue Reading
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