Category: Natural

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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

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 for January 23, 2017

Manemeit v. Gerber Products Co., et al., No. 2:17-cv-00093 (E.D.N.Y.): Putative class action alleging Defendants deceptively labels their “Good Start” infant formula as “the first and only formula whose consumption reduces the risk of infants developing allergies,” when such statement is false. Complaint. Miller v. Yucatan Foods, L.P., No. BC645421 (Cal. Super. Ct. – Los … 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 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

Ninth Circuit Reverses Summary Judgment in “All Natural Fruit” Case, Upholds Denial of Class Certification

Brazil v. Dole Packaged Foods, LLC, No. 14-17480 (9th Cir.):  In an unpublished decision, the Ninth Circuit reversed the district Court’s dismissal on summary judgment of Plaintiff’s claims under the UCL, FAL, and CLRA, but upheld the district Court’s denial of class certification in this closely watched case alleging that the use of the word … Continue Reading

Whole Foods’ Motion for Summary Judgment Granted-in-Part and Denied-in-Part in Baked Goods Labeling Row

Garrison v. Whole Foods Market, Inc., No. 3:13-cv-5222 (N.D. Cal.): The Court granted in part and denied in part Defendant’s motion for summary judgment in this putative class action alleging that Whole Foods’ house-brand baked goods are mislabeled “all natural” in violation of California consumer protection statutes because they include “synthetic” ingredients including sodium acid … Continue Reading

Appellate Court Reverses District Court Dismissal in Alba Botanics “Natural” Case

Balser et al v. The Hain Celestial Grp., Inc., No. 14-55074 (9th Cir.): The Ninth Circuit reversed the district Court’s dismissal of this putative class action alleging that the use of the word “Natural” on some of the labels of Defendant’s “Alba Botanics” line of personal care products is misleading because the products contain synthetic … Continue Reading

Court Denies Unopposed Motion for Preliminary Approval of Class Action Settlement

Marshall et al v. Monster Beverage Corp, No. 2:14-cv-6311 (C.D. Cal.): The Court issued an order denying Plaintiffs’ unopposed motion for preliminary approval of class action settlement in this putative class action alleging that Defendant misrepresents its Hansen’s, Vidration, Blue Sky, Energy Pro, Diet Red, and Blue Energy products as being “Natural,” “100% Natural,” or … Continue Reading

Parties Settle “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court issued a final order approving a class action settlement in this putative class action alleging violation of Florida’s DUTPA, and raising claims of negligent misrepresentation and unjust enrichment. Plaintiff based the case on the allegation that Defendant misleadingly advertises its Great Value Corn Starch as … Continue Reading

Settlement Proposed in Beverage Class Action

Marshall et al v. Monster Beverage Corp., No. 2:14-cv-6311 (C.D. Cal.): in this putative class action alleging that Defendant misrepresents its Hansen’s, Vidration, Blue Sky, Energy Pro, Diet Red, and Blue Energy products as being “Natural,” “100% Natural,” or “All Natural” when they actually contain color additives and synthetic ingredients such as citric acid and … Continue Reading

Court Rejects Class Settlement Bid in MSG Case

Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D. Cal.): Plaintiff in Peterson alleges that several of Defendant’s pre-packaged food products were mislabeled as having “NO MSG ADDED” and as “100% all natural ingredients,” when the products contain several ingredients containing MSG. On Plaintiff’s motion, the Court denied preliminary approval of a class settlement whereby Defendant … Continue Reading

Stays for December 14, 2015

Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of California’s UCL, FAL, and CLRA, based on the claim that Defendant falsely labels its Hemp Non-Dairy beverage and other products as “all natural” when it contains “artificial” ingredients and “evaporated cane juice,” the Court issued an … Continue Reading

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed a lower court’s ruling that the plaintiff’s claims were preempted by the Organic Foods Production Act (Organic Foods Act).  See Quesada v. Herb Thyme … Continue Reading

Welch Foods Class Action Stayed Pending Outcome in Ninth Circuit Cases

Park v. Welch Foods Inc., No. 12cv6449 (N.D. Cal.): In a putative class action alleging claims under California consumer protection statutes, as well as unjust enrichment, claiming that Defendant’s juices and spreads are misrepresented as being healthier than they are and “all natural” when in fact they contain artificial colors, flavors, or preservatives, the parties … Continue Reading

Court Dismisses “Natural” Capri Sun Suit Because Attorney Doesn’t Know If Challenged Ingredient is Natural or Synthetic

Osborne v. Kraft Foods Group, Inc., No. 3:15-cv-02653 (N.D. Cal.):  In a putative class action claiming Defendant’s Capri Sun drinks are mislabeled as “all natural” when they allegedly contain synthetic citric acid, the Court dismissed Plaintiff’s complaint with leave to amend.  Noting that citric acid can be natural, the Court chastised Plaintiff’s counsel for not … Continue Reading

Whole Foods Wholly Escapes ECJ Claims in Putative Class Action

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 … Continue Reading

Court Grants Preliminary Approval of Kashi All Natural Settlement

Eggnatz v. Kashi Co., No. 12-cv-21678 (S.D. Fla.):  The Court preliminarily approved a settlement in this a putative class alleging that Kashi products were mislabeled as “all natural” and containing “nothing artificial” despite containing GMOs. The terms of the agreement are as follows: Kashi will reimburse class members with proof of purchase at a rate … Continue Reading

Kellogg Wins Partial Judgment On The Pleadings In Gardenburger Suit

Mohamed v. Kellogg Co., No. 3:14-cv-02449 (S.D. Cal.): A federal judge granted in part and denied in part defendants’ motion for judgment on the pleadings in this putative class action alleging that defendant labels its Gardenburger products “made with natural ingredients” and “real good ingredients” when they in fact contain synthetic ingredients such as Hexane … Continue Reading

Class Certification Denied In Popcorners “All Natural” Suit

Nguyen v. Medora Holdings, LLC, No. 5:14-cv-00618 (N.D. Cal.): A court declined to certify declaratory and injunctive relief classes in this putative class action alleging that defendant’s popped corn chip products labeled “All Natural” are misleading because they contain GMOs. The court found that plaintiffs lacked Article III standing because there was no evidence of … Continue Reading

Court Grants Class Certification in Kraft Foods Cheese Case

Morales et al v. Kraft Foods Group, Inc. et al., No. 2:14-CV-04387 (C.D. Cal.): The Court granted class certification in this putative class action alleging claims under California’s UCL, FAL, and CLRA for false and misleading advertising of cheese labeled “all natural” despite containing artificial ingredients such as food coloring. The Court concluded that the … Continue Reading

Final Settlement Approval In Smoothie Kit “All Natural” Case

Lilly et al v. Jamba Juice Co., No. 13cv02998 (N.D. Cal.): The Court has granted Plaintiffs’ motion for final settlement approval for injunctive relief in a putative class action asserting claims under California’s UCL, FAL, and CLRA based on allegations that Defendants’ smoothie kits are falsely labeled as “All Natural” when in fact they contain … 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
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