Motion to Dismiss

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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…

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 represented that eating two Kind bars a day helps prevent weight gain.”…
Continue Reading Federal Judge in California Denies Defendant’s Motion to Dismiss in Consumer Class Action Over Weight Prevention Claims

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” when in fact they contain caramel color.  …
Continue Reading Court Grants Defendant’s Motion to Dismiss in “All Natural” Action Involving Barbecue Sauce

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…