California residents have filed a putative class action against Nonni’s Foods, LLC, alleging that the company falsely represents its “All Natural” biscotti products by failing to disclose that ingredients, such as cocoa processed with alkali, glycerin, monocalcium phosphate, and diglycerides, are synthetic. Larsen v. Nonni’s Foods, LLC, No. 11-4758 (N.D. Cal., filed September 23, 2011). Seeking to certify a nationwide class and statewide subclass, the plaintiffs allege common law fraud; unlawful, unfair and fraudulent business practices; false advertising; and violation of the state’s Consumers Legal Remedies Act. They request restitution; compensatory, statutory and punitive damages; declaratory and injunctive relief; attorney’s fees; costs; interest; and an accounting and imposition of a constructive trust on money the company received as a result of its conduct. The plaintiffs essentially contend that they did not receive the benefit of their bargain when purchasing the product and “lost money as a result in the form…
Category Archives 9th Circuit
A Texas resident has filed a putative nationwide class action against the Naked Juice Co., alleging that its “100% Juice,” “100% Fruit,” “All Natural,” and “non-GMO” beverage products are falsely labeled because they contain synthetic and genetically modified (GM) ingredients. Sandys v. Naked Juice Co., No. 11-8007 (C.D. Cal., filed September 27, 2011). The complaint claims that the defendants concealed the nature, identity and source of their products’ added ingredients, such as vitamins and “natural flavors,” and that the plaintiff paid a premium price for falsely labeled products and ingested substances she did not expect and did not consent to. The plaintiff also contends that some of the product ingredients are harmful to human health and the environment as well as to the workers who produce them. Alleging numerous violations of state and federal consumer fraud and product warranty laws, negligence and negligent misrepresentation, strict liability, assault and battery, and conspiracy,…
California residents have filed a putative class action in federal court against a company that promotes its granola, cookie and trail mix products as “100% Pure and Natural,” despite making them with some purportedly synthetic ingredients. Thurston v. Bear Naked, Inc., No. 11-4678 (N.D. Cal., filed September 21, 2011). Seeking to represent a nationwide class of consumers, the plaintiffs allege that they would not have purchased the defendant’s products at a premium price if they had known that “synthetic ingredients were used in the product.” According to the complaint, the company’s products contain cocoa processed with alkali, glycerin and lecithin. The plaintiffs allege unlawful, unfair and fraudulent business practices and false advertising under California law; violation of the Consumers Legal Remedies Act; and restitution based on quasi-contract/unjust enrichment. They seek restitution, compensatory and punitive damages, injunctive relief, attorney’s fees, costs, interest, and “[a]n order requiring an accounting for, and imposition of,…
A California resident has filed a putative class action against Brinker International, Inc., alleging that when she worked for one of its Chili’s Grill & Bar Restaurants she was not paid minimum wage, because the company “fraudulently and maliciously caused Plaintiff and Class members to make up the restaurants’ cash shortages.” Eldred v. Brinker Int’l, Inc., No. 56-2011-00403808 (Cal. Super. Ct., Ventura Cty., filed September 15, 2011). According to the complaint, if a customer leaves the restaurant without paying or does not leave enough money to pay the entire tab, “it is defendant’s corporate policy to either inform the server that he or she has to pay for the walkout or that server will be written up and if it happens again that server may be terminated. Defendant uses the threat of termination to induce class members to pay for walkouts out of their own money.” Alleging failure to pay minimum…
Seeking to represent a nationwide class of consumers, a California resident has filed a consumer fraud class action against the Balance Bar Co., challenging its “All Natural” claims in light of product ingredients such as ascorbic acid, cocoa (processed with alkali), glycerine, sodium citrate, and xanthan gum. Sethavanish v. Balance Bar Co., No. 11-4547 (N.D. Cal., filed September 13, 2011). She claims that she purchased different Balance Bar products since 2007 relying on the “All Natural” representations and paying more for the products “than she would have had to pay for other products that were not all natural.” In her complaint, she notes that the Food and Drug Administration does not regulate the term “natural,” but contends that the agency “has established a policy defining the outer boundaries of the use of that term by clarifying that a product is not natural if it contains color, artificial flavors, or synthetic…
A number of former employees of an animal-food flavoring maker have sued companies that make or sell the butter-flavoring chemical diacetyl, alleging that occupational exposure caused them to contract a debilitating lung disease known as bronchiolitis obliterans (or popcorn lung). Huerta v. Aldrich Chem. Co., Inc., No. 11-9461 (Ill. Cir. Ct., Cook Cty., filed September 9, 2011). The 112-count complaint alleges negligence, strict liability design defect and failure to warn, conspiracy, and loss of consortium. The plaintiffs seek unspecified compensatory damages. According to the complaint, “Defendants knew or should have known of the hazardous nature of their diacetyl and diacetyl-containing flavors both at the time of sale and when plaintiffs were exposed to such products while working at the Feed Flavors facility. [Yet], defendants failed to warn of the defective nature of their flavoring chemicals and failed to give instructions on safe use of the flavoring chemicals.”
A California court of appeal has determined that a trial court erred in allowing a spinach seller to recover $12 million under the accidental contamination portion of its insurance policy. Fresh Express Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. H035246 (Cal. Ct. App., decided September 8, 2011) (unpublished). According to the court, the produce company’s product was not the source of the E. coli outbreak linked to spinach in 2006 and led to a nationwide recall, although when it filed its insurance claim, the company had made several sourcing errors that led it to believe it could have been implicated in the outbreak. Those errors would have brought it under the terms of the insurance agreement, if the company had been the source of the E. coli contamination. Because it was not, the appeals court concluded that “the policy’s plain language refutes the trial court’s finding that ‘the E.…
A putative class action has been filed in a federal court in California against Beam Global Spirits & Wine, Inc., alleging that the company’s Skinnygirl™ Margarita beverage, purportedly created by a natural foods chef, contains sodium benzoate and other preservatives and should not be advertised and sold as a “natural” product. Bonar v. Beam Global Spirits & Wine, Inc., No. ___ (S.D. Cal., filed September 6, 2011). Alleging purely economic damages, the plaintiff seeks to certify a nationwide class of purchasers and claims that the company has violated California’s Consumers Legal Remedies Act and Business & Professions Code Section 17200 et seq., and breached express warranties. She requests compensatory and punitive damages, restitution, disgorgement, corrective advertising, injunctive relief, attorney’s fees, and costs.
After Kona coffee growers called for Safeway, Inc. to comply with Hawaiian regulations on labeling Kona coffee, a California resident filed a putative class action against the company in federal court, alleging that its Safeway Select™ “Kona Blend” coffee contains “very little Kona coffee bean content.” Thurston v. Safeway, Inc., No. 11-04285 (N.D. Cal., filed August 30, 2011). Seeking to certify nationwide or statewide classes, the plaintiff calls the company’s labeling false and misleading and contends that she “did not receive the ‘Kona Blend’ she bargained for when she purchased Safeway’s Kona Blend Coffee, and has lost money as a result in the form of paying a premium for Kona Blend coffee” instead of paying less for a non-Kona or low-Kona coffee alternative. The plaintiff alleges common law fraud, violations of various consumer fraud statutes and restitution based on quasi contract or unjust enrichment. She requests restitution, compensatory and punitive…
A California woman who alleges that certain J.M. Smucker’s products contain partially hydrogenated vegetable oil (PHVO), or trans fat, while the company falsely promotes them as healthy for consumers, has requested an October 10, 2011, hearing on her motion to certify a nationwide class. Henderson v. The J.M. Smucker Co., No. 10-04525 (C.D. Cal., first amended complaint filed August 12, 2010). According to the complaint, the plaintiff purchased the company’s Crisco Original Shortening®, Crisco Butter Flavor Shortening® and Smucker’s Uncrustables Sandwiches® relying on representations that the shortening had “50% Less Saturated Fat Than Butter” and was “All Vegetable,” and that the Uncrustables were “Wholesome,” made from “whole wheat” and “homemade goodness.” Characterizing PHVO as an “unwholesome manufactured additive,” most of the complaint focuses on the purported health effects of consuming trans fat. The plaintiff alleges violations of various consumer fraud laws and seeks injunctive relief, corrective advertising, disgorgement, the destruction of “all misleading…
