Category: Motion to Dismiss

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Rulings, Orders, Settlements – October 9, 2017

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss this putative class action for violation of California’s CLRA, UCL, FAC and breach of express and implied warranties. Plaintiff alleges Defendant misleadingly … Continue Reading

Rulings, Orders, Settlements – September 18, 2017

Court Denies Motion to Dismiss in False Advertising Action Involving Iced Tea Martin, et al. v. TradeWinds Beverage Company, No. 2:16-cv-09249 (C.D. Cal.): The Court entered an order denying Defendant’s motion to dismiss this putative class action for violations of California’s CLRA, UCL, FAL, and for breach of express warranty. Plaintiffs alleged that Defendants falsely … Continue Reading

Rulings, Orders, Settlements – August 4, 2017

Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative non-functional slack-fill class action for violation of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff alleges that Defendant misleads consumers … Continue Reading

Court Allows Late July Snacks Claims to Proceed

Swearingen v. Late July Snacks, LLC, No. 3:13-cv-04324 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant’s motion to dismiss this putative ECJ class action, which alleges violations of California’s CLRA, FAL, and UCL, and a claim for unjust enrichment. Plaintiff alleges that Defendant has misleadingly used the term … Continue Reading

Court Dismisses ECJ Claims

Swearingen, et al. v. Healthy Beverage, LLC, et al., No. 3:13-cv-04385 (N.D. Cal.): The Court issued an order dismissing this ECJ action, which challenged Defendant’s use of the term “evaporated cane juice” on the ingredient lists for its Steaz Iced Green Tea and Steaz Organic Energy Drinks. The order dismissed with prejudice Plaintiffs’ UCL, FAL, … Continue Reading

Food Litigation Year in Review

Perkins Coie has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.  The Year in Review’s key insights include data-driven assessments of how (and where) the plaintiffs’ bar has continued its assault on the food industry in 2016. That data reflect the filing of … Continue Reading

New Filings – March 13, 2017

Erika McCartney v. Pacific West Ingredients LLC, et al., No. CGC-17-556912 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging Defendants failed to warn consumers their Organic Merchants Co. brand cacao nibs contain cadmium. Burton, et al. v. Inventure Foods, Inc., No. 3:17-cv-0134 (S.D. Ill.): Putative class action for violation of the Illinois … Continue Reading

Watkins Incorporated v. McCormick & Company

Watkins Incorporated v. McCormick & Company, No. 1:15-mc-01825 (D.D.C.): In this putative class action alleging that Defendant deceptively “slack-filled” its black pepper containers, which Plaintiff says caused it to lose pepper sales by confusing consumers, the Court granted in part Defendant’s motion to dismiss. Defendant moved to dismiss Plaintiffs’ claims for lack of constitutional or … Continue Reading

Decerbo v. Melitta United States of America Inc.

Decerbo v. Melitta United States of America Inc., No. 8:16-cv-00850 (M.D. Fl.): In this putative class action alleging Defendant deceptively mislabeled its flavored coffee products by omitting federally- and state-mandated language about artificial flavorings on its “French Vanilla” and “Hazelnut Creme” flavored coffees, the Court granted in part Defendant’s motion to dismiss. Defendant moved to … Continue Reading

Court Grants-in-Part and Denies-in-Part Defendant’s Partial Motion to Dismiss in False Labeling Action Involving Yogurt

Stolz v. Fage Dairy Processing, S.A., No. 1:14-cv-3826 (E.D.N.Y.): The Court granted-in-part and denied-in-part Defendant’s partial motion to dismiss in this putative class action alleging consumers were misled by Defendant’s “Total 0%” packaging on its yogurt products because consumers believe the product lacks fat, sugar sodium, cholesterol, calories or carbohydrates. First, the Court dismissed Plaintiffs’ … Continue Reading

Court Grants Defendants’ Motion, Staying Consolidated Action Involving “Healthy and All Natural” Claim on Primary Jurisdiction Grounds

In re Kind LLC “Healthy and All Natural” Litig., No. 1:15-md-02645 (S.D.N.Y.): The Court entered an order granting in part Defendants’ motion to dismiss this consolidated putative class action asserting violations of multiple states’ consumer protection laws and raising claims for breach of express warranty, unjust enrichment, and negligent misrepresentation.  Plaintiffs allege Defendants deceptively marketed … Continue Reading

Court Grants in Part Motion to Dismiss EJC Soda Case

Swearingen v. Santa Cruz Natural, Inc., No. 3:13-cv-04291 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant’s motion to dismiss. The order dismissed with prejudice Plaintiff’s claims asserting violations of California’s CLRA, FAL, and UCL, as well as its claims for breach of express warranty, breach of implied warranty, … Continue Reading

Federal Judge in California Denies Defendant’s Motion to Dismiss in Consumer Class Action Over Weight Prevention Claims

Bailey et al v. Kind, LLC, No. 8:16-cv-168 (C.D. Cal.):  The Court denied Defendant’s motion to dismiss this putative class action asserting violations of California and New York’s consumer protection statutes, as well as claims of fraud, negligent misrepresentation, unjust enrichment, and breach of the express and implied warranty of merchantability.  Plaintiffs allege Defendant falsely … Continue Reading

Court Grants Defendant’s Motion to Dismiss in “All Natural” Action Involving Barbecue Sauce

Demmler v. ACH Food Cos., No. 1:15-cv-13556 (D. Mass.):  The Court issued an order closing this case after granting Defendant’s motion to dismiss this putative class action asserting a violation of Massachusetts’ consumer protection statute and raising a claim for unjust enrichment.  Plaintiff alleges Defendant’s Weber BBQ Sauce products are misrepresented as being “All Natural” … Continue Reading

Court Rules Plaintiff’s Labeling Claims Preempted by Federal Law in Trans Fat Labeling Action

Walker v. ConAgra Foods, Inc., No. 4:15-cv-2424 (N.D. Cal.): The Court granted Defendants motion to dismiss with leave to amend in this putative class action asserting breach of warranty claims (express and implied merchantability) and violations of California’s consumer protection statutes. The complaint alleges Defendant misleadingly markets its Crunch n’ Munch caramel popcorn snacks as … Continue Reading
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