Post Consumer Brands LLC allegedly misleads consumers by marketing its Cocoa Pebbles and related products as made with “real cocoa” despite listing only “cocoa (processed with alkali)” in the ingredients panel, according to a consumer’s putative class action. Copeland v. Post Consumer Brands LLC, No. 19-2488 (E.D.N.Y., filed April 26, 2019). The complaint asserts that alkali in cocoa affects “the taste and color of the cocoa powder to such an extent that they are a characterizing feature”; further, consumers believing the product to contain “real cocoa” expect “the cocoa powder component to be nutritionally and organoleptically superior than it actually is.” For alleged violations of California’s consumer-protection statutes as well as negligent misrepresentation, breach of warranties, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, restitution, damages and attorney’s fees.

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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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