- On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
consumer class action
Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading
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- On January 16, consumer plaintiffs filed a class action lawsuit against The Coca-Cola Company alleging that their Fresca Sparkling Soda Water misleads consumers to believe the beverages contain no added
Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed
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- In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand’s Market Pantry “fruit punch” flavored concentrated liquid
Nurture Seeks Dismissal of Heavy Metals Lawsuit
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Nurture Says Heavy Metal Baby Food Claims Aren’t Realistic (Law360 Subscription Required)
- Multiple consumer-protection lawsuits against Nurture, LLC were consolidated in the Southern District of New York on September 1,
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Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed
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- On October 22, a California federal judge found that a proposed consumer class failed to show that calling a product “milk-based” is deceptive when milk is one, but not the
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Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”
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- On October 21, a federal judge dismissed a proposed class action complaint against baby and toddler food producer, Sprout Foods Inc. (subscription to Law360 required). In their amended complaint,
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Barilla’s Motion to Dismiss False Ad Class Action Denied
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- On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.’s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as
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Another Chocolate False Ad Lawsuit Dismissed
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- On August 30, U.S. District Judge Gary Feinerman dismissed a consumer class action lawsuit against Dreyer’s Grand Ice Cream Inc., the makers of Haagen-Dazs vanilla milk chocolate almond ice cream
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Walmart’s Fudge Mint Class Action Permanently Dismissed
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- [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required). The lawsuit and the
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Whole Foods Rice Pilaf Slack Fill Lawsuit Dismissed
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- On August 16, a federal judge for the Northern District of Illinois granted Whole Foods Market’s (WFM) motion to dismiss a proposed class action lawsuit that alleged WFM violated consumer
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