Category: Natural

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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

Nationwide Putative Class Action Over “All Natural” Brown Rice Crisps Lives On

Bohlke v. Shearer’s Foods, LLC, No. 9:14cv80727 (S.D. Fla.): In a putative class action alleging that Defendant misrepresents its Brown Rice Crisps products as being “All Natural” and containing “No Artificial Ingredients,” when in fact they contain unnatural, synthetic, or artificial ingredients such as Masa Corn Flour, Canola Oil, and Maltodextrin, the Court granted in … Continue Reading

Blue Diamond Almond Milk Class Decertified

Werdebaugh v. Blue Diamond Growers, No. 12-cv-02724 (N.D. Cal.): A federal judge in California granted defendant’s motion to decertify the class in a putative class action alleging that defendant’s package labeling is unlawful, deceptive, and misbranded due to Evaporated Cane Juice and “All Natural” statements on defendant’s almond milk products.  The court had previously denied … Continue Reading

“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment

Brazil v. Dole Packaged Foods, LLC, No. 5:12-cv-01831(N.D. Cal.):  After partially decertifying a putative class action alleging that Dole’s fruit products are misbranded as “all natural,” Judge Lucy Koh granted Dole’s motion for summary judgment, bringing to an end the lengthy Brazil v. Dole litigation. Judge Koh found that plaintiff failed to present evidence demonstrating … Continue Reading

Damages Class Decertified

Brazil v. Dole Food Company, Inc. et al., No. 5:12-cv-01831(N.D. Cal.): The Court decertified a damages class but declined to certify an injunction class in this action where Plaintiff alleges that Dole’s fruit products are misbranded as “all natural.”  In decertifying the damages class, the Court ruled that the damages report prepared by Plaintiff’s expert … Continue Reading

Class Certification Rejected in Skinnygirl Advertising Suit

Langendorf v. Skinnygirl Cocktails, LLC et al, No. 1:11-cv-07060 (N.D. Ill.): A federal court rejected class certification in a class action alleging false advertising based on the use of preservatives in a drink mix labeled “all natural.”  The court held that the proposed class failed to meet the ascertainability requirement, as plaintiff proposed no method … Continue Reading

Ninth Circuit Urged Not To Return To Era of No Reliance California Law

Kane v. Chobani, No. 14-15670 (9th Cir.): In an amicus brief filed last week, Washington Legal Foundation asked the Ninth Circuit to affirm the district court’s dismissal of claims that food labeled as containing “only natural ingredients” was deceptive under California law. According to plaintiffs, the “fruit and vegetable concentrate (for color)” disclosed in the … Continue Reading

Tortilla Chips Class Settlement Preliminarily Approved

Klacko v. Diamond Foods, Inc., No. 14cv80005 (S.D. Fla.):  A judge preliminarily approved the proposed class settlement in this action alleging Defendant’s Tia’s-brand tortilla chips were mislabeled “all natural” when they contain synthetic and artificial ingredients, including maltodextrin and dextrose.  Under the terms of the settlement, the defendant agreed to pay up to $2,750,000 to … Continue Reading

Class Partly Decertified in Dole “All Natural” Case

Brazil v. Dole Food Company, Inc. et al, No. 5:12-cv-01831 (N.D. Cal.): A federal judge granted in part and denied in part a motion to decertify in this putative class action asserting that defendant’s fruit products are misbranded as “all natural.” In decertifying the damages class, the court ruled that plaintiff’s damages report had failed … Continue Reading

Kraft Cheese Complaint Too Light on Facts to Escape Dismissal

Morales et al v. Kraft Foods Group, Inc. et al, No. 2:14-CV-04387 (C.D. Cal.).  A federal judge dismissed without prejudice this putative class action alleging that defendants’ cheese was misleadingly labeled “all natural” despite containing artificial ingredients such as food coloring.  The court granted leave to amend, cautioning plaintiffs during oral argument about the lack … Continue Reading

Settlement Terms Approved in Stevia Sweetener Suit

Aguiar v. Merisant, 2:14-CV-00670 (C.D. Cal.):  Judge Klausner granted a motion for preliminary settlement approval in this putative class action alleging that defendants misleadingly market their Pure Via zero calorie sweetener as “natural” when it in fact contains synthetic dextrose and chemically processed ingredients derived from stevia.  Under the terms of the approved settlement, defendants … Continue Reading

Court Gives Green Light to Settlement Terms in Flax Milk Action

Madenlian v. Flax USA Inc., No. SACV13-1748 (C.D. Cal.):  In a putative class action based on defendant’s alleged misuse of the phrase “All Natural” on its Flaxmilk products, where the products contain “artificial, synthetic, or extensively processed ingredients”, the court granted the parties’ motion for preliminary approval of settlement.  Under the terms of the settlement, … Continue Reading

No Class Certification in Del Monte Case

Kosta v. Del Monte Corp., No. 12cv1722 (N.D. Cal.) The court denied plaintiffs’ motion for class certification without prejudice in a putative class action alleging that more than a dozen Del Monte products were wrongly labeled as “all natural” (but contained synthetic ingredients and processing) and “fresh” (but contained pasteurized products or preservatives) and were … Continue Reading

Court Denies Preemption Arguments But Dismisses Kellogg in Kashi Case

Eggnatz v. Kashi Co., No. 12cv21678 (S.D. Fla.) The court granted in part and denied in part defendant’s motion to dismiss a putative class action alleging that Kashi products were mislabeled as “all natural” despite containing GMOs.  The court rejected defendant’s preemption argument, holding that GMO-based claims are not preempted by FDA policy or regulations … Continue Reading

Voluntary Dismissal in Frito-Lay Pretzel Case

Figy v. Frito-Lay North America, Inc., No. 3:13-CV-3988 (N.D. Cal.) Plaintiffs filed a notice of voluntary dismissal in a putative class action alleging claims under California’s UCL, FAL, and CLRA, claiming that defendant’s pretzel products are misrepresented as being “Made with All Natural Ingredients” when in fact they contain “artificial, synthetic and unnatural ingredients” and … Continue Reading

Court Denies Motion to Dismiss in Florida “Natural” Action

Dye v. Bodacious  Food Co., No. 9:14cv80627 (S.D. Fla.) The court denied defendant’s motion to dismiss in a putative class action alleging that defendant advertises its cookies as “all natural,” when in fact they contain GMOs and synthetic ingredients.  The court rejected the primary jurisdiction doctrine argument, relying upon the fact that the FDA does … Continue Reading

Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action

Figy v. Frito-Lay North America Inc., No. 3:13-cv-03988 (N.D. Cal.):  In a putative class action alleging claims under California’s UCL, FAL, and CLRA, claiming that defendant’s pretzel products are misrepresented as being “Made with All Natural Ingredients” when in fact they contain “artificial, synthetic and unnatural ingredients,” the court granted in part and denied in … Continue Reading

New Filings

Scarola v. That’s How We Roll LLC, No. 9:14cv80983 (S.D. Fla.): Putative class action alleging claims under Florida’s Deceptive and Unfair Trade Practices Act, Magnusson-Moss, negligent misrepresentation, breach of express warranty, and unjust enrichment, claiming that the defendant misrepresents its chips as “all natural” when they contain GMO ingredients, such as white corn, corn oil, … Continue Reading
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