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Court Dismissed False Advertising Suit Involving Coffee Creamer With Prejudice, After Finding Claims Preempted by Federal Law

Backus v. Nestle USA, Inc., No. 3:15-cv-1963 (N.D. Cal.): The Court granted Defendant’s motion to dismiss with prejudice in this putative class action asserting violations of California’s consumer protection statutes and common law warranty claims based on the contention that (1) Nestle misleadingly represents that its Coffee-mate creamer products contain “0g Trans fat” and (2) the … Continue Reading

New Filings for April 4, 2016

Lee v. Kraft Heinz Foods Co.¸ No. 3:16-cv-536 (N.D. Ohio): Copycat putative class action asserting violations of Ohio’s Deceptive Trade Practices Act, the Magnusson-Moss Warranty Act, and raising a claim of unjust enrichment. Plaintiff alleges Defendant has falsely advertised its grated parmesan cheese products as “100% parmesan cheese,” although the products contain significant amounts of … Continue Reading

New Filings for March 7, 2016

Lewin v. Kraft Heinz Foods Co., No. 3:16-cv-823 (N.D. Cal.): Putative class action alleging violation of California’s CLRA, UCL, and FAL, as well as claims for breach of warranty (express and implied merchantability), fraud, and negligent misrepresentation, based on the allegation that Defendant has falsely advertised its grated parmesan cheese products as containing “100% parmesan … Continue Reading

New Filings for February 5, 2016

Hunter et al v. Nature’s Way Products, LLC et al¸ No. 37-2016-2933 (Cal. Sup. Ct. – San Diego Cnty.): Putative class action alleging violations of California’s UCL, CLRA, and FAL and asserting breach of warranty claims, based on the allegation that Defendants misleadingly label and market their Nature’s Way coconut oil as “inherently healthy, and … Continue Reading

New Filings for February 23, 2016

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D. Cal.): Putative class action alleging violations of California’s UCL, CLRA, and FAL, based on the allegation that Defendant misleadingly labels and markets its coconut oil product as “inherently healthy,” and a “healthy alternative to butter and other oils,” when in fact its products are inherently unhealthy. Complaint. Daniels … Continue Reading

Court Approves Milk Settlement

In re Horizon Organic Milk Plus DHA Omega-3 Marketing and Sales Practice Litigation, No. 1:12-md-2324 (S.D. Fla.): After conducting a fairness hearing, the Court issued an order granting Plaintiffs’ motion for final approval of class action settlement and dismissing this consolidated class action alleging violations of multiple states’ consumer protection statutes, based on the claim … Continue Reading

Court Grants in Part, Denies in Part Motion to Dismiss Class Action Regarding Whole Foods Meat Rating System

People for the Ethical Treatment of Animals, Inc.  (“PETA”) et al. v. Whole Foods, Inc., No. 5:15-cv-4301 (N.D. Cal.): The Court granted in part and denied in part Defendant’s motion to dismiss in this putative class action asserting violations of California’s UCL, FAL, and CLRA, based on the allegation that Whole Foods’ representations that it has … Continue Reading

Court Grants Motion to Dismiss

Murphy v. Stonewall Kitchen LLC, No. 1522-CC00481 (St. Louis City Cir. Ct.): The Court granted Defendant’s motion to dismiss in this putative class action alleging violations of Missouri’s Merchandising Practices Act (“MMPA”) and unjust enrichment based on claims that Defendant’s Vanilla Cupcake Mix is mislabeled as “all natural” when it contains synthetic ingredients such as … Continue Reading

New Filings for January 25, 2016

Magier v. Trader Joes Co. et al, No. 1:16-cv-43 (S.D.N.Y.): Putative class action alleging that Defendant’s five-ounce canned tuna products weigh substantially less than labeled and are under-filled. Complaint. Envtl. Research Ctr., Inc. v. Chosen Foods Inc., et al, No. RG16-798895 (Cal. Sup. Ct. – Alameda Cnty.): Proposition 65 action alleging that Defendants do not … Continue Reading

New Filings for January 11, 2016

Gates, et al. v. MusclePharm Corp., No. 3:15-cv-2870 (S.D. Cal.): Putative class action alleging negligent misrepresentation, violations of California’s consumer protection statutes (CLRA, UCL, and FAL), and violations of New York’s Deceptive Trade Practices Act. Plaintiffs claim that Defendant’s whey protein products are misleadingly packaged in large containers that contain a significant percentage (45%) of … Continue Reading

EVOO Case Presses Forward After Court Rejects Attempt to Stay

Kumar v. Salov North America Corp., No. 4:14-cv-02411 (N.D. Cal.): In this putative class action alleging claims arising under various California statutory and common laws, Plaintiff claims that Defendant falsely markets its extra virgin olive oil as “Imported from Italy” when in fact the olives Defendant uses in its products are not grown or pressed … Continue Reading

Pepper MDL Grows

In re McCormick & Company, Inc., Pepper Products Marketing and Sales Practices Litigation, MDL-2665 (J.P.M.L.): Courts have recently transferred a number of lawsuits related to Defendant’s alleged practice of slack-filling its ground black pepper tins to the U.S. Judicial Panel on Multidistrict Litigation for consolidation. Transferred actions include: Theis v. McCormick & Co. Inc. (originally … Continue Reading

New Filings for December 15, 2015

Kassin v. Quality Nature, Inc., No. 514761/2015 (N.Y. Supreme Ct. – Kings Cnty.): Putative class action alleging that Defendant’s “Garcinia Cambogia” and “Hydroxycitric Acid” dietary supplements are labeled “100% Natural,” when in fact they contain GMOs and synthetic ingredients such as magnesium, malodextrin, calcium carbonate, and potassium chloride. Complaint. Am. Chemistry Council v. Office of … Continue Reading

Court Grants Unopposed Motion to Stay Suit Pending the Ninth Circuit’s Resolution of Jones, Kosta, and Brazil

Ivie v. Kraft Foods Global, Inc. et al., No. 5:12-cv-2554 (N.D. Cal.): In this putative class action alleging claims of unjust enrichment as well as violations of California’s CLRA and UCL and the Magnuson-Moss Act, based on the claim that Defendants misleadingly label their gum, mints, or hard candies as “sugar free,” “sugarless,” or “suitable … Continue Reading

Court Denies Defendant’s Motion for Summary Judgment in “Tito’s Handmade Vodka” False Advertising Suit

Hofmann v. Fifth Generation, Inc., No. 3:14-cv-02569 (S.D. Cal.): In this putative class action alleging negligent misrepresentation and violations of California’s UCL, FAL, and CLRA, based on claims that Defendant falsely calls its product “Tito’s Handmade Vodka” although the production process is highly mechanized, the Court denied Defendant’s motion for summary judgment. Defendant’s bid for … Continue Reading

New Filings for December 10, 2015

Minker et al. v. Ricola USA, Inc., No. 1:15-cv-9014 (S.D.N.Y.): Putative class action alleging claims of negligent misrepresentation, breach of express warranty, and unjust enrichment on behalf of a nationwide class, violations of California’s CLRA, UCL, and FAL on behalf of a California subclass, and violations of New York’s Deceptive and Unfair Trade Practices Act … Continue Reading

New Filings for November 17, 2015

Kline v. Post Holdings, Inc., No. 15cv2348 (S.D. Cal.): Putative class actions alleging claims under California and New York consumer protection statutes, as well as negligent misrepresentation, claiming that Defendants’ whey protein products are sold in large, opaque containers that contain 45 percent slack fill.  Complaint. Kline v. Iovate Health Sciences U.S.A., Inc., No. 15cv2387 … Continue Reading

New Filings for October 28, 2015

Mullins v. Wal-Mart Stores, Inc., No. 15-cv-08946 (N.D. Ill.): Plaintiff claims Defendants’ Great Value Pork & Beans in Tomato Sauce product is misrepresented as containing pork when in fact it does not.  Plaintiff alleges claims for breach of express warranty, unjust enrichment, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, and breach … Continue Reading

New Filings for October, 16, 2015

Atik v. Welch Foods, Inc., No. 15cv5405 (E.D.N.Y.):  Putative class action alleging claims under New York and California consumer protection laws, as well as claims for breaches of express and implied warranty and unjust enrichment, claiming that Defendants’ fruit snacks are misbranded and misrepresented as containing more fruit than they actually contain. Complaint. People for … Continue Reading

New Complaints for September 21, 2015

Jung v. McCormick & Co., Inc., No. 1:15-cv-01448 (D.D.C.): putative class action alleging violations of the District of Columbia’s Consumer Protection Procedures Act and unjust enrichment on claims that Defendant is unlawfully and unjustifiably slack filling its ground black pepper which misleads consumers into thinking the tins contain more pepper.  Complaint. Bittle v. McCormick & … Continue Reading

Kind Bar Cases Consolidated

Kind Litigation: the Judicial Panel on Multidistrict Litigation ordered the consolidation of at least 11 proposed class actions accusing Kind LLC of falsely labeling its snack bars as “healthy” despite little nutrients and high saturated fat content to the Southern District of New York for pretrial proceedings. Order.… Continue Reading

New Filings for August 24, 2015

Leining v. Foster Poultry Farms, Inc., No. BC588004 (Cal. Super. Ct.): Putative class action alleging violations of California’s CLRA, as well as for negligent misrepresentation, breach of express warranty, and breach of implied warranty of merchantability. Plaintiff claims that Defendant labels its chicken as American Humane Certified when the chickens were not treated humanely. Complaint. … Continue Reading

“Predominance” in Food Class Actions

A recent decision by the Third Circuit in an auto defect case could have significant impact on the ‘predominance’ of claims analysis in food class actions. The Court of Appeals reversed the district court’s order granting certification of six statewide classes, and remanded for further hearings in this putative class action alleging that Volvo sold … Continue Reading
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