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Food & Consumer Packaged Goods Litigation

Food & Consumer Packaged Goods Litigation shares timely insights into litigation developments, emerging arguments and challenges facing food and consumer packaged goods manufacturers and related industries. Subscribe 🡢

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In Monster Victory, Court Dismisses Energy Drink Suit

Fisher v. Monster Beverage Corp., No. 12cv2188 (C.D. Cal.): The court granted Monster's motion to dismiss plaintiffs' amended complaint, which alleged that the marketing of Monster Energy and Monster Rehab beverages was false and misleading under California's consumer protection statutes.

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Chipotle Defeats Class Certification in “Naturally Raised” Meat Lawsuit

Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF (JCx) (C.D. Cal.): The court denied class certification in a case alleging that Chipotle advertised its use of "naturally raised" meats but occasionally served conventionally raised meats when naturally raised meats were not available.

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Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read

Figy v. Amy's Kitchen, Inc., No. 3:13-cv-03816-SI (N.D. Cal.): The court dismissed a proposed class action accusing Amy's Kitchen of mislabeling its products as containing "evaporated cane juice" instead of sugar, finding the plaintiff failed to allege he read and relied on the ingredients list before purchasing the products.

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New Filings - December 9, 2013

Ibarrola v. Kind, LLC, No. 13-cv-50377 (N.D. Ill.): Plaintiff alleges that various of Kind's snack products are misbranded because they list "evaporated cane juice" as an ingredient instead of sugar. The complaint alleges various claims under Illinois law on behalf of a putative nationwide class.

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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.

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Coffee Suit Grinds to a Halt on Defendants’ Motion for Summary Judgment

Suchanek v. Sturm Foods, Inc., No. 11cv0569 (S.D. Ill.): Plaintiffs sued under eight states' consumer protection statutes, alleging that defendants' Garden Square coffee products falsely represent the products to be freshly ground when they are, in fact, instant. The court had previously denied class certification and here, denied a motion for reconsideration.

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New Filings - November 12, 2013

Suarez v. Anheuser-Busch Cos. (Fla. Cir. Ct., 11th Jud. Circ.) (Miami-Dade County): Plaintiffs allege that Anheuser-Busch misleads consumers to believe that Kirin beer is manufactured and imported from Japan, when in fact it is made in the U.S. of domestic ingredients – and that plaintiffs paid substantially more for Kirin under the belief that the beer is a Japanese import.

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Regulatory Update Regarding Trans Fats

On November 8, 2013, the FDA published a tentative determination that partially hydrogenated oils (PHO), which are the primary dietary source of industrially-produced trans fatty acids, are not generally recognized as safe (GRAS) for any use in food based on current scientific evidence.

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Court: Pasta Claims Need More Sauce

Pelayo v. Nestle USA, Inc., No. 13cv5213 (C.D. Cal.): The court dismissed a suit alleging that various pasta sold under the Buitoni brand were not "all natural" as the labels claimed, because they contained "synthetic" ingredients, including synthetic xanthan gum, soy lecithin, and synthetic soy lecithin.

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Potato Chip Misbranding Claims Half-Baked, Says Court

Wilson v. Frito Lay, No. 12cv1586 (N.D.

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Court Rains on Plaintiff’s Vitamin Drink Suit Parade

Maple v. Costco Wholesale Corp., No. 12cv5166 (E.D. Wash.): The court has dismissed without leave to amend the plaintiff's amended complaint in a matter alleging that VitaRain Tropical Mango Vitamin Enhanced Water Beverage ("VitaRain"), bottled by Niagara Bottling and sold by Costco, lacked proper disclosures.

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New Filings - October 28, 2013

Stark v. Hain Celestial Group, No. 13cv7246 (S.D.N.Y.): Plaintiffs allege that juice blends labeled "unpasteurized," "raw and organic," and "100% raw" are not, because they are treated by a process known as "High Pressure Processing" (HPP).

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Court Dismisses False Advertising Claims Related to Splenda Essentials Products

Bronson v. Johnson & Johnson, No. 12cv4184 (N.D. Cal.): The court granted in part and denied in part a second motion to dismiss allegations that various "Splenda Essentials" products are labeled and marketed in false and misleading ways.

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Court Dismisses False Claim Case Against Weight Watchers

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.

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Court Allows “All Natural” Claims to Proceed Against Blue Diamond Chocolate Almond Milk

Werdbaugh v. Blue Diamond Growers, No. 12cv2724 (N.D. Cal.): The court denied defendant's motion to dismiss a complaint alleging that Blue Diamond's Chocolate Almond Milk is falsely labeled as "all natural" because it contains preservatives and other synthetic chemicals; lists ECJ as an ingredient rather than "sugar"; and makes unlawful health claims on the corporate website.