Category: Dismissal

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Court Denies Preemption Arguments But Dismisses Kellogg in Kashi Case

Eggnatz v. Kashi Co., No. 12cv21678 (S.D. Fla.) The court granted in part and denied in part defendant’s motion to dismiss a putative class action alleging that Kashi products were mislabeled as “all natural” despite containing GMOs.  The court rejected defendant’s preemption argument, holding that GMO-based claims are not preempted by FDA policy or regulations … Continue Reading

Voluntary Dismissal in Frito-Lay Pretzel Case

Figy v. Frito-Lay North America, Inc., No. 3:13-CV-3988 (N.D. Cal.) Plaintiffs filed a notice of voluntary dismissal in a putative class action alleging claims under California’s UCL, FAL, and CLRA, claiming that defendant’s pretzel products are misrepresented as being “Made with All Natural Ingredients” when in fact they contain “artificial, synthetic and unnatural ingredients” and … Continue Reading

Court Dismisses Sunflower Seed Class Action Without Leave to Amend

Weiss v. The Kroger Co., No. 2:14cv03780 (N.D. Cal.): In a putative class action alleging claims under California’s CLRA, FAL, and UCL for false advertising of the sodium content of sunflower seeds by failing to count the sodium content in the shell coating, the court granted defendants’ motion to dismiss without leave to amend.  The … Continue Reading

Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action

Figy v. Frito-Lay North America Inc., No. 3:13-cv-03988 (N.D. Cal.):  In a putative class action alleging claims under California’s UCL, FAL, and CLRA, claiming that defendant’s pretzel products are misrepresented as being “Made with All Natural Ingredients” when in fact they contain “artificial, synthetic and unnatural ingredients,” the court granted in part and denied in … 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 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

Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction

Ibarrola v. Kind LLC, No. 3:13-cv-50377 (N.D. Ill.): The court granted defendant’s motion to dismiss in a putative class action alleging claims under the Illinois Consumer Fraud Act, common law fraud, and unjust enrichment, claiming that defendant’s use of evaporated cane juice in its products was misleading and misbranded because plaintiff was not aware that … Continue Reading

Court Relies on Plaintiff’s Own Scientific Resources to Dismiss With Prejudice

Alamilla v. Hain Celestial Grp., Inc., 13-cv-5595 (N.D. Cal.):  The court granted defendant’s motion to dismiss with prejudice in a putative class action alleging claims under California’s CLRA, UCL, and FAL, as well as a violation of Magnusson-Moss, breaches of express and implied warranties, and unjust enrichment, claiming that defendant misrepresented their juice products as … Continue Reading

Court Stays Previously Dismissed ECJ Case

Figy v. Amy’s Kitchen, Inc., 13-cv-3816 (N.D. Cal.):  The court granted in part and denied in part plaintiff’s motion to amend an earlier dismissal in a putative class action alleging claims under California’s UCL, FAL, CLRA, and a number of common law tort claims, alleging that defendant’s use of the term “organic evaporated cane juice” … Continue Reading

100% Natural Tea Case Survives Dismissal

Von Slomski v. The Hain Celestial Group, Inc., No. 8:13cv01757 (C.D. Cal.): The court denied defendant’s motion to dismiss a putative class action alleging claims under California’s UCL, FAL, and CLRA, as well as breach of express warranty, based on defendant’s representation that its teas are “100% Natural” when in fact they allegedly contain chemical … Continue Reading

Court Dismisses in Part Antioxidant and Honey Case

Salazar v. Honest Tea Inc., No. 2:13cv02318 (E.D. Cal.): In a putative class action alleging claims under California’s CLRA, UCL, and FAL, as well as breaches of express and implied warranty, negligent misrepresentation, and fraud, plaintiff claimed that defendant misrepresents the amount of antioxidants and amount of honey contained in their tea products.  The court … Continue Reading

Court Dismisses Breach of Contract Claim

Rhinerson v. Van’s Int’l Foods, Inc., No. 13cv5923 (N.D. Cal.): A federal judge granted in part and denied in part defendants’ motion to dismiss this putative class action alleging California consumer protection claims and several common law claims on behalf of a nationwide class.   In ruling on the motion, the court incorporated by reference its … Continue Reading

Most Claims in Whole Foods “All Natural” Labeling Suit Survive Dismissal

Garrison v. Whole Foods Market Group, Inc., No. 3:13-cv-05222 (N.D. Cal.):  Most of plaintiffs’ California statutory and common law claims survived Whole Foods’ motion to dismiss a proposed class action alleging it falsely labels baked goods that contain synthetic ingredients as “all natural.”  Rejecting defendant’s preemption argument, the court held that the federal Food, Drug, … Continue Reading

Court Dismisses Claims Regarding Products Plaintiff Did Not Buy

Smedt v. The Hain Celestial Group, Inc., No. 5:12-cv-03029 (N.D. Cal.):  On behalf of a putative nationwide class action, the plaintiff claimed defendant’s use of the phrases “evaporated cane juice,” “no trans fat,” and “all natural” on the labels of three products she bought and 11 she did not violated California consumer protection and false … Continue Reading

Anheuser-Busch Wins Dismissal of Watered-Down Beer Cases

In Re: Anheuser-Busch Beer Labeling Marketing & Sales Practices Litig., No. 1:13-md-02448 (N.D. Ohio):  A federal judge in Ohio dismissed multi-district litigation accusing Anheuser-Busch of deliberately watering down its beers.  Alleging that Anheuser-Busch deliberately overstated the alcohol content of its beers, the putative class actions asserted claims under the Magnuson-Moss Warranty Act and the Missouri … Continue Reading

Voluntary Dismissals for May 8, 2014

Ebin v. Kangadis Family Mgmt LLC, No. 1:14-cv-01324 (S.D.N.Y.):  The court dismissed a putative class action alleging that defendants misrepresented their olive oil products as containing “100% Pure Olive Oil,” when in fact they contained olive-pomace oil, in favor of the related case, Ebin v. Kangadis Food Inc., 1:13-cv-02311 (S.D.N.Y.). Order.… Continue Reading

Court Dismisses Claims Based on Trans Fat and Cholesterol Claims Based on Lack of Standing

Bishop v. 7-Eleven Inc., No. 5:12-cv-02621 (N.D. Cal.):  The court dismissed, with prejudice, a putative class action alleging claims under California’s UCL, FAL, and CLRA, based on representations that defendant’s Cheddar and Sour Cream Chips and other products contained “0g trans fat” and “no cholesterol.”  Plaintiff’s allegations centered on defendant’s alleged failure to comply with … Continue Reading

Milk and Preservative Labeling Claims Partially Dismissed

Gitson v. Trader Joe’s Co., No. 3:13-cv-01333 (N.D. Cal.): The court granted in part a motion to dismiss putative class action claims that the defendant’s products are misleadingly labeled in that they label some products as containing evaporated cane juice, label non-milk products as “milk,” and contain undisclosed preservatives.  The court reaffirmed its view that … Continue Reading

Voluntary Dismissal in Bumble Bee Class Action

Ogden v. Bumble Bee, No. 12cv1828 (N.D. Cal.): Plaintiff voluntarily dismissed a putative class action complaint alleging claims under California’s consumer protection statutes, the FDCA, the Sherman Act, the Song-Beverly Consumer Warranty Act, and Magnuson-Moss Warranty Act.  Previously, the court had granted partial summary judgment, dismissing the warranty claims along with plaintiff’s claims for restitution … Continue Reading

Court Dismisses Chobani “Natural” Lawsuit With Prejudice

Kane v. Chobani, No. 5:12cv2425 (N.D. Cal.):  The court dismissed the third amended complaint in this putative class action with prejudice.  Plaintiffs alleged claims under California consumer protection laws and the Sherman Food, Drug, and Cosmetic Law, claiming that various of defendant’s products, including Chobani Greek Yogurt and Chobani Greek Yogurt Champions were misbranded as … Continue Reading

Ninth Circuit Court of Appeals Reverses Preemption Dismissal

Lilly v. Conagra Foods Inc., No. 12-55921 (9th Cir.): Plaintiff appealed dismissal of her putative class action complaint on federal preemption grounds.  Plaintiff had alleged claims under California’s consumer protection and unfair competition laws, contending that the labeling of defendant’s sunflower seed products misleadingly provided a lower sodium content than the product contained.  The panel … Continue Reading

Court Dismisses “Sugar Free” Gum Lawsuit

Gustavson v. Wrigley Sales Co., No. 12cv1861 (N.D. Cal.):  The court granted a motion to dismiss claims that various Eclipse gums and Lifesaver candies are misbranded as “sugar free.”  The court found that the claims were expressly preempted under federal law and dismissed with prejudice.  The court reasoned that defendant had complied with the relevant … Continue Reading

Defendants Obtain Partial Dismissal of Evaporated Cane Juice Complaint

In Samet v. Proctor & Gamble Co., No. 12cv1891 (N.D. Cal.), plaintiff alleged that various Proctor & Gamble and Kellogg products labels listed ECJ as an ingredient and described the products as “healthy.” The court granted in part the motion to dismiss. Plaintiff’s claim against “0 grams trans fat” survived because the complaint adequately alleged … Continue Reading
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