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Category Archives: Standing

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New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Posted in False Advertising Claims, GMO, Motion to Dismiss, Primary Jurisdiction, Standing

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean Dip that allegedly contain genetically modified organisms (GMOs).  In re Frito-Lay North America, Inc. All Natural Litigation, 12-MD-2413 (RRM)(RLM).  U.S. District… Read More

General Mills Points to Ingredient List in Defense of “100% Natural” Claims

Posted in False Advertising Claims, Motion to Dismiss, Organic, Standing

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.”  Chin et al. v. General Mills, Inc., Case No. 12-cv-2150-MJD-TML (D. Minn.).  The crux of plaintiffs’ claims is that the granola is not “100% natural” because it contains… Read More

Standing 101: Can You Be Injured by a Product You Never Bought?

Posted in Misbranding, Retailer Defenses, Standing

Common sense tells you that you can’t be injured by something you never bought.  This must be covered in Standing 101, right?  Believe it or not, this issue is being debated right now in the California consumer class action context.  Here’s what’s going on. Standing as a Threshold Issue Courts are grappling with the issue… Read More