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Private Surgeon General Class Action Defender

Tag Archives: organic

California Supreme Court Opens the Door to Organic Mislabeling Claims

Posted in False Advertising Claims, Misbranding

Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may bring state law fraud and misrepresentation claims to challenge herb products allegedly mislabeled as “certified organic.” The… 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

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

Defining “Natural”: The National Organic Program Offers Guidance That May Impact Organic and Nonorganic Food Producers Alike

Posted in Organic

The USDA’s National Organic Program (“NOP”) recently issued draft guidance (here,  here, and here) that organic and nonorganic food manufacturers alike should be aware of. In addressing what is required to certify a product as “organic,” the NOP has offered its own definition of “natural” (or “nonsynthetic”), which is “a substance that is derived from… Read More

Class Action Settlement Regarding Alleged Mislabeling of “Organic” Milk

Posted in False Advertising Claims, Misbranding, Organic, Preemption, Settlement

A Missouri federal judge has preliminarily approved a class action settlement in a multidistrict litigation involving the alleged mislabeling of organic milk. In re Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., No. 4:08-md-1907-ERW, D.E. 321 (E.D. Mo. Sept. 14, 2012). Piggybacking on a 2007 report issued by the U.S. Department of Agriculture… Read More