Court Dismisses Claims Based on Trans Fat and Cholesterol Claims Based on Lack of Standing
Bishop v. 7-Eleven Inc., No. 5:12-cv-02621 (N.D. Cal.): The court dismissed, with prejudice, a putative class action alleging claims under California's UCL, FAL, and CLRA, based on representations that defendant's Cheddar and Sour Cream Chips and other products contained "0g trans fat" and "no cholesterol." Plaintiff's allegations centered on defendant's alleged failure to comply with FDA regulations regarding disclosures of fat content in foods making "0g trans fat" or "no cholesterol" claims. The court found that, even if the disclosures were required, plaintiff had not alleged any actual misrepresentation, and therefore had no standing to plead his claims. Order.
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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.