California Plaintiff Has Standing to Sue over Green Tea Antioxidant Claims

A federal court in California has reportedly determined that a named plaintiff in a putative consumer-fraud class action may pursue claims pertaining to the defendant’s green tea products but not its black teas. Khasin v. R.C. Bigelow, Inc., No. 12-2204 (N.D. Cal., order entered May 31, 2013). The plaintiff apparently alleges that the defendant made misleading statements in press releases and on its website about the presence of antioxidants in its tea products, including both green and black teas. Because he did not purchase the black teas, the court ruled that he lacked standing to represent consumers who did purchase them. The court also reportedly dismissed the plaintiff’s unjust enrichment claim but refused to dismiss most of his other allegations finding them sufficiently pleaded. See Bloomberg BNA Product Safety & Liability
Reporter, June 4, 2013.