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Private Surgeon General Class Action Defender

Tag Archives: 100% natural

FDA Refuses to Settle “All Natural” Debate

Posted in False Advertising Claims, GMO, Misbranding

The U.S. Food and Drug Administration (FDA)  has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically modified organisms (GMOs)  may be labeled “natural.” Citing the need for extensive public input from the various stakeholders, the complexity of the issue and… Read More

The New Lawsuit Ecosystem Trends, Targets and Players

Posted in False Advertising Claims, Misbranding

Don’t miss this report from the U.S. Chamber Institute for Legal Reform, The New Lawsuit Ecosystem Trends, Targets and Players. Food class action litigation is noted as an emerging liability threat and this report provides more evidence that Northern District of California is “the Food Court.” Our own Will Stern is quoted. “…even judges are… Read More

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

Posted in False Advertising Claims, Misbranding, Motion to Dismiss

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion to dismiss phase. Bruton v. Gerber Prods. Co., et al., 12-CV-02412-LHK. The lawsuit focuses on Gerber’s product labels, which include phrases… Read More

Kashi and Bear Naked Beat Back Nationwide Class Actions Brought Against “All Natural” Products

Posted in False Advertising Claims, Misbranding

On July 31, 2013 the Southern District of California refused to certify nationwide classes in nearly identical “all natural” cases brought against Kashi and its subsidiary, Bare Naked. In Astiana v. Kashi Co., Case No. 3:11-cv-01967, plaintiffs alleged that the “Nothing artificial” and “All natural” language on certain of Kashi’s product labels was misleading because… Read More

Two More Courts Defer to the FDA in Food “Misbranding” Class Actions

Posted in GMO, Misbranding

We previously reported Judge Yvonne Gonzalez Rogers’ decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be labeled “natural” or “all natural,” and her subsequent decision to similarly defer to the FDA in a case against Wholesoy… Read More

Barbara’s Bakery and Naked Juice Settle GMO Class Actions and Agree to Third-Party Substantiation of Non-GMO Labeling

Posted in False Advertising Claims, GMO, Organic

Class actions challenging “all natural” labels on products allegedly containing genetically modified organisms (GMOs) are all the rage in California. The jury is still out on how these claims will ultimately hold up, but some litigants don’t want to find out. Recently, both Barbara’s Bakery and Naked Juice agreed to settle the cases pending against… Read More

What Would the FDA Do? Court Asks Agency to Resolve GMO Labeling Issue in “All Natural” Case Involving Mission Tortilla Chips

Posted in False Advertising Claims, GMO, Misbranding

Last month we highlighted a tentative decision out of the Northern District of California that contemplated a stay of proceedings in the Cox v. Gruma Corp. (Case No. 12-CV-6502 YGR) matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be labeled “natural” or “all natural.” (See prior… Read More

False Advertising Claims Against Tropicana Survive Motion to Dismiss

Posted in False Advertising Claims, Misbranding, Motion to Dismiss, Preemption

We have frequently reported on how courts have addressed preemption arguments in the growing number of mislabeling suits that have been filed against food companies. See previous posts here and here. Last week, a federal court in New Jersey denied Tropicana’s motion to dismiss a nationwide putative class action involving Tropicana’s advertising of its “not-from-concentrate”… Read More

Court May Ask FDA to Weigh In on “All Natural” Debate

Posted in False Advertising Claims, GMO

California federal courts, particularly those in the Northern District, have become a magnet for food labeling litigation—in particular, cases challenging “All Natural” labels on products containing genetically modified organisms (GMOs).  The FDA, which has regulatory authority over food labeling, has not addressed whether foods containing GMOs may be labeled “natural,” or whether the existence of… Read More

“All Natural” False Advertising Suit Dismissed: Ingredient List Saves the Day for Nature Valley Bars

Posted in False Advertising Claims, Misbranding, Motion to Dismiss

 A federal judge in Minnesota recently dismissed a putative class action accusing General Mills of falsely advertising its Nature Valley granola bars as “100% Natural.” Chin et al. v. General Mills, Inc., Case No. 12-cv-2150-MJD-TML (D. Minn. June 3, 2013).  The judge granted General Mills’ motion to dismiss because the allegedly artificial ingredients were clearly… Read More

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

Posted in Class Certification, False Advertising Claims

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers.  What is striking is that the court only certified a class for declaratory and injunctive relief and denied plaintiffs’ bid to certify a class seeking monetary restitution based on the purchase price.  Ries, et al. v…. 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