An Illinois federal court has dismissed part of a lawsuit alleging that Barilla America Inc. misleads consumers about whether its sauce contains preservatives because it contains citric acid. Kubulius v. Barilla Am Inc., No. 19-6656 (N.D. Ill., E. Div., entered July 2, 2019). The court declined to apply Illinois law, finding that the plaintiff’s claim was based “on a single statement he claims to have seen on a single product label during a straightforward retail purchase transacted in New York.” Further, the court noted, “apparent from the complaint is that plaintiff’s statutory and common law consumer fraud claims cannot feasibly be maintained as a nationwide class action” because the asserted laws in each state are different. The court allowed the plaintiff’s New York fraud claims to continue.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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