Category: Settlement

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Final Approval of Settlement in Tortilla Trans Fat Suit

Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. Cal.): The Court granted final approval of class settlement in this putative class action alleging a breach of express warranty claim and violations of California’s CLRA, UCL, and FAL, based on Defendant’s failure to disclose that its “Xtreme Wellness” line of tortillas contain partially-hydrogenated oil, an … Continue Reading

Consent Judgment Entered in Proposition 65 Action

Consumer Advocacy Grp. v. Olivier Napa Valley, Inc. et al, No. BC580857 (Cal. Super. Ct. – Los Angeles County):  The Court granted Plaintiff’s unopposed motion for entry of consent judgment in this Proposition 65 action alleging that Defendants’ raspberry balsamic vinegar products contain lead. The terms of the settlement are: (1) Defendant is permanently enjoined … Continue Reading

Court Grants Preliminary Approval of Settlement in Case Involving MSG in Prepackaged Foods

Petersen v. CJ America, Inc., No. 3:14-cv-02570 (S.D. Cal.):  The Court issued an order granting preliminary approval of settlement in this putative class action asserting violations of California’s consumer protection statutes and a claim for breach of express warranty.  Plaintiff claims that Defendant’s Annie Chun’s brand of prepackaged food products are misrepresented as having “No … Continue Reading

Motion for Preliminary Approval of Class Action Settlement in Coca Cola Juice Advertising Case

Saeidian v. The Coca Cola Co., No. 2:09-cv-6309 (C.D. Cal.): Plaintiff filed an unopposed motion for preliminary approval of class action settlement in this putative class action alleging violations of California’s UCL and FAL, based on the allegation that Defendant’s Minute Maid brand juice products were deceptively marketed as containing primarily blueberry and pomegranate juices, … Continue Reading

Court Grants Final Approval of Class Action Settlement in Subway Footlong Sandwich Litigation

In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): The Court issued an order granting final approval of class action settlement in multiple, consolidated putative class actions alleging that Defendant misrepresents its sub sandwiches as being a “foot long” or 12 inches, when in fact the sandwiches are materially shorter. … Continue Reading

Court Denies Unopposed Motion for Preliminary Approval of Class Action Settlement

Marshall et al v. Monster Beverage Corp, No. 2:14-cv-6311 (C.D. Cal.): The Court issued an order denying Plaintiffs’ unopposed motion for preliminary approval of class action settlement in this putative class action alleging that Defendant misrepresents its Hansen’s, Vidration, Blue Sky, Energy Pro, Diet Red, and Blue Energy products as being “Natural,” “100% Natural,” or … Continue Reading

Parties Settle “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court issued a final order approving a class action settlement in this putative class action alleging violation of Florida’s DUTPA, and raising claims of negligent misrepresentation and unjust enrichment. Plaintiff based the case on the allegation that Defendant misleadingly advertises its Great Value Corn Starch as … Continue Reading

Court Approves Class Settlement in Organic Cosmetics Case

Brown et al v. Hain Celestial Group, Inc., No. 3:11-cv-03082 (N.D. Cal.): The Court issued an order granting Plaintiff’s motion for final approval of class action settlement and dismissal of all claims with prejudice in this putative consumer class action asserting violations of California’s CLRA, UCL, and COPA (California Organic Products Act). Plaintiffs in Brown … Continue Reading

Settlement Proposed in Beverage Class Action

Marshall et al v. Monster Beverage Corp., No. 2:14-cv-6311 (C.D. Cal.): in this putative class action alleging that Defendant misrepresents its Hansen’s, Vidration, Blue Sky, Energy Pro, Diet Red, and Blue Energy products as being “Natural,” “100% Natural,” or “All Natural” when they actually contain color additives and synthetic ingredients such as citric acid and … Continue Reading

Final Settlement Proposed in Subway Foot Long Actions

In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.):  Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their “foot long” label. The terms of the proposed settlement are … Continue Reading

Court Rejects Class Settlement Bid in MSG Case

Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D. Cal.): Plaintiff in Peterson alleges that several of Defendant’s pre-packaged food products were mislabeled as having “NO MSG ADDED” and as “100% all natural ingredients,” when the products contain several ingredients containing MSG. On Plaintiff’s motion, the Court denied preliminary approval of a class settlement whereby Defendant … Continue Reading

Settlement Proposed In Superfood Prop 65 Suit

Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant’s nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. The terms of the settlement require Defendant to place a Proposition 65 warning label … Continue Reading

Court Approves Preliminary Settlement in Tortilla False Advertising Suit

Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. Cal.): In this putative class action alleging a breach of express warranty claim and violations of California’s CLRA, UCL, and FAL, based on Defendant’s failure to disclose that its “Xtreme Wellness” line of tortillas contain partially-hydrogenated oil, an artificial trans-fat food additive, the Court granted Plaintiff’s … Continue Reading

Court Enters Final Judgment Approving Settlement in Beck’s Beer Case

Marty v. Anheuser-Busch Co., No. 13cv23656 (S.D. Fla.): In a putative class action alleging that Anheuser-Busch misled consumers and charged a premium price for Beck’s beer by marketing Beck’s as a German beer brewed in Germany when it is manufactured in the United States with domestic ingredients, the Court entered final judgment approving settlement.  The … Continue Reading

Parties Move for Settlement Approval in Annie Chun MSG Case

Petersen v. CJ America, Inc., No. 3:14-cv-02570 (S.D. Cal.):  In a putative class action alleging claims under California’s consumer protection statutes, as well as breach of express warranty, claiming that Defendant’s Annie Chun’s prepackaged food products are misrepresented as having “No MSG Added,” when in fact they contain MSG, the parties moved for preliminary approval … Continue Reading

Subway Settles Footlong Complaints

In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.):  The Court granted preliminary approval to a nationwide settlement of cases alleging that Defendant misrepresents its sub sandwiches as being a “foot long” when they are actually shorter than 12 inches long. Under the settlement agreement, Defendant agreed to make certain … Continue Reading

Court Grants Preliminary Approval of Kashi All Natural Settlement

Eggnatz v. Kashi Co., No. 12-cv-21678 (S.D. Fla.):  The Court preliminarily approved a settlement in this a putative class alleging that Kashi products were mislabeled as “all natural” and containing “nothing artificial” despite containing GMOs. The terms of the agreement are as follows: Kashi will reimburse class members with proof of purchase at a rate … Continue Reading

Final Settlement Approval In Smoothie Kit “All Natural” Case

Lilly et al v. Jamba Juice Co., No. 13cv02998 (N.D. Cal.): The Court has granted Plaintiffs’ motion for final settlement approval for injunctive relief in a putative class action asserting claims under California’s UCL, FAL, and CLRA based on allegations that Defendants’ smoothie kits are falsely labeled as “All Natural” when in fact they contain … Continue Reading

Preliminary Approval to Settlement in Jamba Juice Smoothie Kits Case

 Lilly v. Jamba Juice Co., No. 13-cv-02998 (N.D. Cal.): The Court granted Plaintiff’s motion for preliminary settlement approval for injunctive relief in a putative class action asserting claims under California’s UCL, FAL, and CLRA based on allegations that Defendants’ smoothie kits are falsely labeled as “All Natural” because they contain synthetic and processed ingredients. Defendants … Continue Reading

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

Court Dismisses Prop 65 Soft Drink Case

Riva v. Pepsico, Inc., No. 14cv0340 (N.D. Cal.): A federal judge has dismissed with prejudice this suit, one of several putative class actions filed against Pepsi alleging that Pepsi One and Diet Pepsi beverages contained 4-methylimidazole (“4-MEl”), a carcinogen found on California Proposition 65’s list of known carcinogens, which was not disclosed on the products’ … 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
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