Court Dismisses Injunctive Relief Claim Allows Others to Proceed
Seidman v. Snack Factory LLC, No. 14cv62547 (S.D. Fla.): In this putative class action alleging violations of Florida's DUTPA, the Magnuson-Moss Warranty Act, negligent misrepresentation, breach of express warranty and unjust enrichment, claiming Defendant falsely labels its Pretzel Crisps as "all natural" when they contain synthetic or artificial ingredients such as maltodextrin, soybean oil, dextrose and caramel color, the Court granted in part and denied in part Defendant's motion to dismiss. The Court found that Plaintiff is not entitled to injunctive relief because he does not allege he will ever purchase the products at issue again, dismissing the claim with prejudice. The Court allowed the remaining claims to proceed. 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.