Category: Settlement

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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

Court Approves $6.1 Million Settlement of Truvia False Advertising Lawsuit

Howerton v. Cargill, Inc., No. 13-00336 LEK-BMK (D. Haw.):  A federal court in Hawaii has given final approval to a nationwide class action settlement involving Cargill’s Truvia sweetener.  The plaintiffs alleged that Cargill marketed the sweetener as “natural” when it actually contains synthetic and chemically produced ingredients.  Under the settlement, Cargill will pay $6.1 million … Continue Reading

Truvia “Natural” Class Action Settlement Approved

Howerton v. Cargill, Inc., No. 1:13-cv-00336 (D. Haw.): A federal judge in Hawaii granted final approval to a settlement ending a class action over whether Truvia sweetener products were mislabeled as “natural” when two of the ingredients—stevia leaf extract and erythritol—are processed by using fermentation and dextrose derived from GMO corn.  Defendant agreed to change … Continue Reading

Tortilla Chips Class Settlement Preliminarily Approved

Klacko v. Diamond Foods, Inc., No. 14cv80005 (S.D. Fla.):  A judge preliminarily approved the proposed class settlement in this action alleging Defendant’s Tia’s-brand tortilla chips were mislabeled “all natural” when they contain synthetic and artificial ingredients, including maltodextrin and dextrose.  Under the terms of the settlement, the defendant agreed to pay up to $2,750,000 to … Continue Reading

Court Grants Preliminary Approval of Red Bull Settlement

Careathers v. Red Bull N. Am. Inc., No. 1:13cv369 (S.D.N.Y.) The court granted preliminary approval of a class settlement.  Pursuant to the proposed settlement, all persons who purchased at least one Red Bull beverage dating from January 1, 2002 who submitted a valid claim could receive either a $10 reimbursement or free Red Bull products … Continue Reading

Court Grants Preliminary Approval of Red Bull Settlement

Careathers v. Red Bull N. Am. Inc., No. 1:13cv369 (S.D.N.Y.): In a putative class action alleging claims under multiple state consumer protection statutes, breach of express warranty, and unjust enrichment, claiming that the defendant falsely marketed its energy drinks by suggesting that they were a superior source of energy beyond caffeine and contained functional benefits … Continue Reading

Court Approves Final Settlement of Quaker Oats settlement

In re: Quaker Oats Labeling Litig., No. 5:10-cv-00502-RS (N.D. Cal.): In a putative class action alleging various federal and state claims pertaining to the defendant’s inclusion of partially hydrogenated oils in Quaker Oats products, the court granted final settlement approval as requested and entered final judgment. We previously wrote about the preliminary settlement approval here. … Continue Reading

Ninth Circuit Affirms Lodestar Attorneys’ Fees

In re: Ferrero Litig., No. 12-56469 (9th Cir.):  The Ninth Circuit affirmed a district court’s final settlement approval and award of attorneys’ fees, over objection, in a putative class action alleging that defendant misrepresents the health benefits of its Nutella products.  The settlement awarded $550,000 in settlement funds, along with certain non-monetary relief, in contrast … Continue Reading

Parties Ask Court to Approve Settlement of Kashi “All Natural” Class Action

Bates v. Kashi Co., No. 3:11cv01967 (S.D. Cal.): Parties moved for preliminary approval of a settlement in a putative class action regarding the labeling of certain Kashi products as “All Natural” and “Nothing Artificial.” The proposed settlement would require Kashi to remove the “All Natural” and “Nothing Artificial” terms from products containing specific alleged “synthetic” … Continue Reading

PopChips “Natural” Class Action Preliminarily Approved for Settlement

PopChips recently obtained preliminary approval for settlement agreeing to create a fund of $2.4M to allow class members who purchased PopChips products to receive up to $20 per person in refunds.  Plaintiffs alleged that PopChips’ use of the terms “all natural” “healthy” and “healthier” were misleading because the products were, according to plaintiffs, “highly processed, … Continue Reading

Preliminary Settlement Approval Granted in Quaker Oats Lawsuit

In re Quaker Oats Labeling Litig., 10cv0502 (N.D. Cal.): The court granted preliminary settlement approval of a Rule 23(b)(2) injunctive relief class in this case, which involves allegations that the inclusion of partially hydrogenated oils (“PHOs”) in Quaker products violated state and federal labeling laws because of “wholesome” claims on some of the products’ labels.  … Continue Reading

Court Preliminarily Approves Trader Joe’s “All-Natural” Settlement

Larsen v. Trader Joe’s Company, No. 3:11-cv-05188-WHO (N.D. Cal.):  A federal judge in California recently granted preliminary approval of a settlement of a lawsuit regarding certain Trader Joe’s products that had been labeled “All Natural.” Among other things, the settlement would establish a $3.375 million settlement fund.  Order.… Continue Reading

Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action

In Ogden v. Bumble Bee Foods, LLC, No. 12cv1828 (N.D. Cal.), the court heard a putative class action in which plaintiff alleged that a variety of Bumble Bee products contain false or misleading label statements, including that its products are a “good source” or “excellent source” of Omega-3 fatty acids and “rich in” Vitamin A … Continue Reading

Preliminary Approval Granted to Settlement of Hydrogenated Oils Case Against Quaker Oats

The parties to In re Quaker Oats Labeling Litigation, No. 10cv0502 (N.D. Cal.), which relates to the inclusion of partially hydrogenated oils (PHOs) in Quaker Oat’s products, sought preliminary approval of a settlement agreement. Under the terms of the agreement, Quaker Oats has agreed to remove PHOs from its products by the end of 2014 … Continue Reading

Final Settlement Approval Granted in Naked Juice False Ad Suit

A California federal judge hearing Papas v. Naked Juice Co., No. 11cv8276 (C.D. Cal.) granted final approval to the settlement of a nationwide class action against defendant related to labeling products “All Natural,” “100% Juice,” “100% Fruit,” “Not From Concentrate,” and “Non-GMO.” Under the nationwide settlement, defendant will pay $9 million to compensate class members … Continue Reading

Court Approves Class Action Settlement in Barbara’s Bakery Case

Trammell v. Barbara’s Bakery, Inc., No. 12cv2664 (N.D. Cal.): The court issued a Final Order Approving Class Action Settlement in this case in which plaintiffs allege defendant unlawfully labeled its products—cereals, bars, chips, and other snack foods—as “all natural” when they contained “synthetic” or “artificial” ingredients or GMOs. The settlement is for all products sold … Continue Reading
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