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Guttmann v. La Tapatia Tortilleria, Inc., 3:15-cv-2042 (N.D. Cal.): In a putative class action alleging claims under California’s UCL, FAL, and CLRA, as well as breaches of express and implied warranty, claiming that Defendant misrepresents its tortilla products as having “0g Trans Fat,” among other alleged “health” claims and suggesting that the use of…

Gitson v. Trader Joe’s Co., No. 3:13-cv-1333 (N.D. Cal.):  The Court granted in part and denied in part Defendant’s third motion to dismiss this putative class action alleging that various Trader Joe’s products are misleading or misbranded. Defendant’s latest motion sought dismissal of Plaintiff’s claims relating to “soymilk” products. The Court found Plaintiff’s claims…

McMahon v. Bumble Bee Foods, LLC, No. 1:14-cv-3346 (N.D. Ill.): The Court denied a motion to dismiss this putative class action alleging that Defendant’s seafood and tuna products were labeled with unlawful Omega-3 nutrient content claims.  Declining to find the matter preempted by the Nutrition Labeling and Education Act, the Court held that the…

Albert v. Blue Diamond Growers, No. 15cv4087 (S.D.N.Y.): In a putative class action alleging that Defendant’s almond milk products are misrepresented as containing a significant amount of almonds when in fact they contain only 2 percent, the Court granted in part and denied in part Defendant’s motion to dismiss.  First, the Court held that…

Pratt v. Whole Foods Market California, Inc., No. 5:12-cv-5652-EJD (N.D. Cal.): In a putative class action claiming Defendants were unjustly enriched and violated California consumer protection statutes by (1) deceptively representing its 365 Everyday brand organic chicken broth, ketchup, and instant oatmeal products as containing “evaporated cane juice” (ECJ) instead of sugar, and (2) by false labeling its 365 Everyday brand colas as “natural” when they contain artificial ingredients, such as coloring and chemical preservatives, the Court granted in part Defendants’ motion to dismiss Plaintiff’s second amended complaint.
Continue Reading Whole Foods Wholly Escapes ECJ Claims in Putative Class Action

Steinberg v. Ateeco, Inc., No. 0:15-cv-60973 (S. D. Fla.):  A federal judge denied a motion to dismiss this putative class action alleging that Defendant’s Mrs. T’s Pierogies are mislabeled because they have improper serving sizes, understate the amount of calories and fat, and fail to provide the required disclosure regarding sodium content. Finding that…

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…

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…

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…