Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil
Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss this putative class action for violation of California’s CLRA, UCL, FAC and breach of express and implied warranties. Plaintiff alleges Defendant misleadingly labels and markets its Organic Extra Virgin Coconut Oil as healthy, and as a healthy alternative to butter and other cooking oils, despite that it is actually inherently unhealthy and a less healthy alternative. The Court denied the motion based on lack of standing and declined to dismiss Plaintiff’s UCL, FAL, and CLRA claims based on the reasonable consumer test. The Court also denied the motion with respect to Plaintiff’s UCL unlawful claim, and breach of express and implied warranty claims.
Continue Reading Rulings, Orders, Settlements – October 9, 2017