Category: Reasonable Consumer

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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

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

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

Court Grants-in-Part and Denies-in-Part Defendant’s Motion for Judgment on the Pleadings in False Labeling Action Involving Coconut Oil

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D. Cal.): The Court issued an order granting in part Defendant’s motion for judgment on the pleadings in this putative class action alleging violations of California’s UCL, CLRA, and FAL, based on the claim that Defendant misleadingly labels and markets its coconut oil product as “inherently healthy, and a … 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

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 Summary Judgment on Antioxidant Claims

Khasin v. The Hershey Co., No. 5:12cv01862 (N.D. Cal.): In this putative class action alleging claims under California’s UCL, FAL, CLRA, and unjust enrichment claiming Defendant made misrepresentations about its products spanning antioxidant claims, nutrient content claims without the proper disclosures, health claims, sugar free claims, unlawful serving sizes, improperly listing polyglycerol polyrincoleic acid, and … Continue Reading

Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’ Case

Ibarrola v. Kind LLC, No. 3:13cv50377 (N.D. Ill.): The Court granted Defendant’s motion to dismiss with prejudice in a putative class action alleging claims under the Illinois Consumer Fraud Act, common law fraud, breach of warranty, and unjust enrichment, claiming that Defendant’s use of evaporated cane sugar and molasses in its products was misleading and … Continue Reading

Ninth Circuit Reverses Dismissal Based on Standing, Preemption

Reid v. Johnson & Johnson and McNeil Nutritionals, LLC, No. 12-56726 (9th Cir.): The Ninth Circuit reversed and remanded the district court’s order dismissing the case for lack of standing. The Ninth Circuit held that the “reasonable consumer” standard is used to determine violations of the UCL, CLRA, and FAL, but not Article III standing. … Continue Reading

Gerber Wins Summary Judgment in Baby Food Suit

Bruton v. Gerber Prods., No. 12-cv-2412 (N.D. Cal.):  A California federal judge denied plaintiff’s motion for partial summary judgment and granted defendant’s motion for summary judgment in a putative class action alleging that Gerber misbrands and misrepresents its baby food products as to certain nutrient content claims.  The court premised its decision to award summary … 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

Court Grants Summary Judgment Based on Reasonable Consumer Standard

Rahman v. Mott’s LLP, No. 13cv3482 (N.D. Cal.):  In a putative class action alleging that Mott’s apple juice–labeled “no sugar added”–violates FDA regulations because it contains concentrated fruit juice, plaintiff alleged causes of action under California’s UCL, FAL, CLRA, as well as common law negligent misrepresentation and breach of quasi-contract.  The court granted the defendant’s … Continue Reading

Milk Advertising Class Action Dismissed

Ruiz v. Darigold, Inc./Northwest Diary Association, No. 2:14-cv-01283 (W.D. Wash.):  A federal judge dismissed a putative class action alleging that Defendants sell milk products falsely advertised as having been produced in an environment that is safe for animals, healthy for consumers, and respectful of workers’ rights.  The court held that plaintiff had failed to show … 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

Court Dismisses Sunflower Seed Class Action Without Leave to Amend

Weiss v. The Kroger Co., No. 2:14cv03780 (N.D. Cal.): In a putative class action alleging claims under California’s CLRA, FAL, and UCL for false advertising of the sodium content of sunflower seeds by failing to count the sodium content in the shell coating, the court granted defendants’ motion to dismiss without leave to amend.  The … Continue Reading

100% Natural Tea Case Survives Dismissal

Von Slomski v. The Hain Celestial Group, Inc., No. 8:13cv01757 (C.D. Cal.): The court denied defendant’s motion to dismiss a putative class action alleging claims under California’s UCL, FAL, and CLRA, as well as breach of express warranty, based on defendant’s representation that its teas are “100% Natural” when in fact they allegedly contain chemical … Continue Reading

Court Dismisses—For Now—“All Natural” Labeling Suit Against Diamond Foods

Surzyn v. Diamond Foods, Inc., No. 4:14-cv-00136 (N.D. Cal.):  A California federal judge dismissed without prejudice a proposed class action alleging the Diamond Foods deceptively labels its Kettle Brand TIAS! tortilla chips made with synthetic ingredients as “all natural.”  Plaintiff brought claims for negligent misrepresentation and for violations of California unfair competition and false advertising … Continue Reading

Court Certifies Injunctive Relief Class But Denies Certification of Damages Class

Lanovaz v. Twinings North America, Inc., No. 12cv2646 (N.D. Cal.):  In an action alleging claims under California’s UCL, FAL, and CLRA, based on representations on defendant’s tea products that they are a “Natural Source of Antioxidants,” the court granted in part and denied in part plaintiff’s motion for class certification.  The court ruled that Rule … Continue Reading

Court Dismisses Chobani “Natural” Lawsuit With Prejudice

Kane v. Chobani, No. 5:12cv2425 (N.D. Cal.):  The court dismissed the third amended complaint in this putative class action with prejudice.  Plaintiffs alleged claims under California consumer protection laws and the Sherman Food, Drug, and Cosmetic Law, claiming that various of defendant’s products, including Chobani Greek Yogurt and Chobani Greek Yogurt Champions were misbranded as … Continue Reading

New Filings – January 08, 2014

Posner v. Hain Celestial Group, No. 13cv9310 (C.D. Cal.): Plaintiffs allege that defendants falsely market their teas as “100% natural” but contend that third-party testing reveals that defendant’s teas contain residue of pesticides, herbicides and other chemicals in excess of U.S. pollution standards. Complaint. Levin v. Hain Celestial Group, No. 13cv 9314 (C.D. Cal.): Plaintiffs … Continue Reading

Cereal Box Image of Strawberries in Milk Does Not Falsely Convey the Cereal Contains Strawberries

In Shaker v. Nature’s Path Food Co., No. 13cv1138 (C.D. Cal.), the court found plaintiffs’ allegations implausible where they alleged that the defendant’s “Optimum Cinnamon Blueberry Cereal” violated state consumer protection laws because the image on cereal boxes include a picture of the cereal in milk with fresh strawberries. Plaintiffs claimed that the strawberries falsely … Continue Reading

New Filings – December 9, 2013

Ibarrola v. Kind, LLC, No. 13-cv-50377 (N.D. Ill.): Plaintiff alleges that various of Kind’s snack products are misbranded because they list “evaporated cane juice” as an ingredient instead of sugar. The complaint alleges various claims under Illinois law on behalf of a putative nationwide class. Complaint. Alamilla v. The Hain Celestial Co., No. 13-cv-05595 (N.D. … Continue Reading
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