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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 🡢

Court Dismisses Complaint Attacking Partially Hydrogenated Vegetable Oils

Simpson v. California Pizza Kitchen, 13cv0164 (S.D. Cal.). Plaintiff alleged that defendants' frozen pizza products contain trans-fatty acids (TFAs) in the form of partially hydrogenated vegetable oils (PHVOs), an ingredient she claims is not safe for consumption at any level. The court granted the motion to dismiss without prejudice.

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Court Dismisses Soy Milk Claims as Not Misleading To Reasonable Consumer

Gitson v. Trader Joe's Co., 13cv1333 (N.D. Cal.): Plaintiffs' complaint alleged labeling violations of eight "purchased" products, including yogurt, soy yogurt, candy and enchilada sauce. The complaint included allegations that the products are misbranded because the labels list ECJ and contain additives or preservatives.

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New Filings - October 14, 2013

Richards v. Safeway, No. 13cv4317 (N.D. Cal.): Plaintiffs allege that frozen waffles labeled "100% Natural" contain an allegedly "synthetic" ingredient, sodium acid pyrophosphate. Complaint. Swearingen v. Attune Foods, No. 13cv4541 (N.D.

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Court Dismisses In Part Evaporated Cane Juice Claims Against Wallaby Yogurt

Morgan v. Wallaby Yogurt Co., No. 13cv0296 (N.D. Cal.): The court granted in part, and denied in part, defendant's motion to dismiss plaintiffs' complaint that alleged that various Wallaby yogurt products were mislabeled by listing ECJ as an ingredient.

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Court Dismisses as “Ridiculous” Plaintiffs’ Claims that Strawberry and Raspberry Newtons Contain Whole Fruit

Manchouck v. Mondelez International, dba Nabisco, No. 13cv2148 (N.D. Cal.): Plaintiffs claimed that Nabisco's representations that Strawberry and Raspberry Newton cookies were "made with real fruit" violated California's consumer protection statutes because the cookies were made with pureed strawberries and raspberries, rather than solid fruit.

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Court Dismisses Vague and “Conclusory” Allegations in Complaint Against Welch Foods

Park v. Welch Foods, Inc., 12cv6449 (N.D. Cal.): Plaintiffs filed a 40-page, 230-paragraph complaint against Welch Foods, alleging that a wide variety of Welch juices and juice products violate California consumer protection statutes.

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Court Denies Motion to Dismiss in Part Food Labeling Class Action Involving Heart Health and “Fresh” Claims

Ang v. Bimbo's Bakeries, Inc., No. 13cv1196 (N.D. Cal.): In a case involving the labeling of Thomas' English Muffins, Sara Lee bread, and various Entenmann products, the court denied the majority of defendant's motion to dismiss. According to the court, the complaint adequately alleged particularity under Rule 9 and satisfied pleading requirements for injury and reliance.

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California Court of Appeal Clarifies Reach of “Reasonable Consumer” Standard in Food Labeling Cases

Simpson v. The Kroger Corp., B24205 (Cal. Ct. App.): The California Court of Appeal affirmed dismissal of a claim that Challenge Butter With Canola or Olive oil were mislabeled as "butter" and should have been labeled as a "spread" under California's Milk and Milk Products Act (MMPA).

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