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

Marty v. Anheuser-Busch Cos., No. 13cv23656 (S.D. Fla.) The court denied in part and granted in part defendant’s motion to dismiss in a putative class action alleging that Anheuser-Busch misled consumers and charged a premium price for Beck’s beer by marketing it as a German beer when it is actually manufactured in the United States. 

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

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

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 23(a)’s requirements had been met, finding that ascertainability had been established, despite the lack of records or receipts to identify purchasers, because the class definition was specific enough to allow plaintiff to identify herself as having a right to recover.  The court further held that the commonality and typicality requirements were satisfied because each product in the proposed class definition contained the same “natural source of antioxidants” labeling. 
Continue Reading Court Certifies Injunctive Relief Class But Denies Certification of Damages Class

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

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 allege that defendants falsely market their teas as “100% natural” but contend that third-party testing reveals that defendants’ teas contain residue of pesticides, herbicides and other chemicals in excess of U.S. pollution standards. Complaint.
Continue Reading New Filings – January 08, 2014

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

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. Cal.): On behalf of a putative nationwide class, plaintiff alleges that defendants falsely label their juice products as “Unpasteurized,” “100% Raw,” and “Raw and Organic” when they are not. The complaint asserts violations of various California and federal warranty and consumer protection laws. Complaint.
Continue Reading New Filings – December 9, 2013