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 Consumer Fraud and Deceptive Business Practices Act, Missouri Merchandising Practices Act, unjust enrichment, and breach of express warranty. Plaintiff alleges that Defendant misleadingly markets and sells its Boulder Canyon branded snack chips as containing “evaporated cane juice” on their ingredient lists, instead of sugar. Complaint attached.Continue Reading New Filings – March 13, 2017

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 healthy alternative to butter and other oils,” when in fact it is inherently unhealthy and a less healthy alternative.  
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

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

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

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

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

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

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

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