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Private Surgeon General Class Action Defender

Tag Archives: fruit juice

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

Posted in False Advertising Claims

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum Organics, Case No. C 15-02568, the putative class alleged that Plum Organics’ Mighty 4® puree pouches and fruit bars… Read More

Are “Reasonable Consumers” Free to Ignore Ingredient Lists?

Posted in False Advertising Claims

Manufacturers might assume that they can avoid false advertising claims by accurately disclosing a product’s ingredients on the ingredient label.  The Ninth Circuit held otherwise in a 2008 case involving Gerber’s “Fruit Juice Snacks.”  See Williams v. Gerber Products Co., 552 F.3d 934 (9th Cir. 2008).  Plaintiffs in Williams alleged that the product’s packaging was… Read More

Preemption and the Health Claim Class Action: FDA to the Rescue?

Posted in False Advertising Claims, Misbranding, Preemption

In one of the very first private surgeon general class actions, plaintiffs alleged that pictures of fruits on fruit drink products conveyed to consumers that the products contain those fruit in amounts greater than the 10% fruit juice common in most fruit juice drinks.  Thankfully, the Central District of California ruled that the FDA’s precise… Read More