Reasonable Consumer

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Burke v. Weight Watchers International Inc., No. 12cv6742 (D.N.J.): Plaintiff claimed that low calorie ice cream bars sold by Weight Watchers understated the number of calories in the products. The court granted defendants’ motion to dismiss, finding that the complaint had failed to adequately plead that defendants violated any of the five methods authorized…

Richards v. Safeway, No. 13cv4317 (N.D. Cal.): Plaintiffs allege that frozen waffles labeled “100% Natural” contain an allegedly “synthetic” ingredient, sodium acid pyrophosphate. Complaint.

Swearingen v. Attune Foods, No. 13cv4541 (N.D. Cal.): Plaintiffs allege that Attune’s chocolate bars, Erewhon crackers and cereals, and Uncle Sam’s cereals are “misbranded” because the labels list ECJ as an ingredient rather than sugar. Complaint.…
Continue Reading New Filings – October 14, 2013

Manchouck v. Mondelez International, dba Nabisco, No. 13cv2148 (N.D. Cal.): Plaintiffs claimed that Nabisco’s representations that Strawberry and Raspberry Newton cookies were “made with real fruit” violated California’s consumer protection statutes because the cookies were made with pureed strawberries and raspberries, rather than solid fruit. The court granted Nabisco’s motion to dismiss, with prejudice.…

Ang v. Bimbo’s Bakeries, Inc., No. 13cv1196 (N.D. Cal.): In a case involving the labeling of Thomas’ English Muffins, Sara Lee bread, and various Entenmann products, the court denied the majority of defendant’s motion to dismiss. According to the court, the complaint adequately alleged particularity under Rule 9 and satisfied pleading requirements for injury…