Category: Natural

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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

Court Grants Preliminary Approval of Settlement in “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court granted motion for preliminary settlement approval in putative class action alleging that Defendant advertises its Great Value Corn Starch as “All Natural,” and sells it at a premium, when in fact it contains unnatural, synthetic, artificial, and/or genetically modified cornstarch. The terms of the … Continue Reading

Court Dismisses Claim for Injunctive Relief in “All Natural” Case, Remainder of Claims Survive

 Anderson v. The Hain Celestial Group, Inc., No. 5:14-cv-03895 (N.D. Cal.): In this putative class action alleging violations of California’s CLRA, FAL and UCL, Plaintiff bases her claims on allegations that Defendant’s “Sunflower Dream” drink is misleadingly labeled “all natural,” while it contains artificial ingredients. Defendant moved for dismissal, and the Court granted in part … Continue Reading

Court Dismisses in Part “Natural” Claims

Barron v. Snyder’s-Lance, Inc., No. 0:13-cv-62496 (S.D. Fla.): In a putative class action complaint alleging numerous claims under various states’ consumer protection statutes, based on the allegation that Defendant’s products were misrepresented as “natural” when they contain GMOs and other artificial and synthetic ingredients, the Court granted in part and denied in part Defendant’s motion … Continue Reading

Preliminary Approval to Settlement in Jamba Juice Smoothie Kits Case

 Lilly v. Jamba Juice Co., No. 13-cv-02998 (N.D. Cal.): The Court granted Plaintiff’s motion for preliminary 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” because they contain synthetic and processed ingredients. Defendants … Continue Reading

Court Grants Final Approval to Settlement in Flax Milk Class Action

Madenlian v. Flax USA Inc., No. SACV13-1748 (C.D. Cal.): The Court granted the parties’ motion for final approval of settlement in a putative class action alleging violations of California’s UCL, FAL, and CLRA based on Defendant’s alleged misuse of the phrase “All Natural” on its Flaxmilk products. Defendant agreed to establish a settlement fund of $260,000. Defendant also … Continue Reading

Final Settlement Approved In White Chocolate False Advertising Suit

Miller v. Ghirardelli Chocolate Co., No. 3:12cv04936 (N.D. Cal.):  The Court granted final settlement approval in this putative class action alleging that Ghirardelli’s white chocolate products did not contain chocolate or white chocolate, but were instead “artificial” and “imitation.”  The terms of the approved settlement are as follows: Defendants will pay $5.25 million into a … Continue Reading

Court Approves “Natural” Sweetener Settlement

Aguiar v. Merisant Company, No. 2:14-cv-00670-RGK-AGR (C.D. Cal.): The court granted final approval of a class action settlement in a case claiming defendants misleadingly marketed their sweetener products as “natural” when they in fact contain synthetic dextrose and chemically-processed ingredients derived from stevia. Under the settlement, defendants will pay $1.65 million into a settlement fund … Continue Reading

Muffin Mix Class Action Survives Dismissal

Musgrave v. ICC/Marie Callender’s Gourmet Products Division, No. 3:14-cv-02006-JST (N.D. Cal.): In this putative class action alleging that defendant’s bread and muffin mixes are falsely labeled and marketed as “all natural” when they in fact contain Sodium Acid Pyrophosphate (“SAPP”), a synthetic ingredient, a federal judge in California dismissed plaintiff’s unjust enrichment and injunctive claims … Continue Reading

Safeway’s Frozen Waffles Case Dismissed

Richards v. Safeway, No. 13-cv-4317 (N.D. Cal.): Plaintiff’s individual claims were voluntarily dismissed with prejudice, and the putative class claims dismissed without prejudice, in this putative class action alleging that Safeway’s frozen waffles were wrongly labeled “100% Natural” when they contain SAPP. Order.… Continue Reading
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