Chocolate Drink Makers Sued for Alleged Misleading Marketing Claims

The attorneys for a woman who recently reportedly sued General Mills for failing to properly disclose that its fruit snack products contain partially hydrogenated oil also represent a man who has filed similar claims against the companies that make and sell Yoo-Hoo®, a chocolate beverage. Dahl v. Mott’s LLP, No. __ (E.D.N.Y., filed June 29, 2010). Information about the General Mills lawsuit appears
elsewhere in this Update.

According to plaintiff Timothy Dahl, the defendants promote Yoo-Hoo® as a nutritious and healthy product, claiming that it contains vitamins and minerals, has no preservatives and is 99 percent fat free and 99 percent caffeine free. The complaint states, “Unfortunately for consumers and, in certain cases their children, all these claims are false and misleading. Defendants’ healthful claims are misleading since the Product fails to properly disclose they contain a highly unhealthy, non-nutritious ingredient known as partially hydrogenated oil. This partially hydrogenated oil is an artificial, man-made substance known to cause a number of health problems, including coronary disease, heart attacks and death.”

Alleging injury “in that he would not have paid a premium when purchasing the Product had these misrepresentations not been made,” the plaintiff brings his claims on behalf of a putative nationwide class. He alleges false advertising under the Lanham Act; violations of the Texas Business & Commerce Code and the New York General Business Law; breach of express warranty, implied warranty of merchantability and implied warranty of fitness for a particular purpose; deceit and/or misrepresentation; and unjust enrichment. He seeks restitution and disgorgement, declaratory and injunctive relief, compensatory and punitive damages, and the costs of suit.