A California federal court has dismissed a proposed class action against
Plum Organics alleging that large photos of fruits and vegetables on
the company’s Mighty 4® Children’s Food product packaging mislead
consumers into believing the products contain significant amounts of
those fruits and vegetables. Workman v. Plum Inc., No. 15-2568 (N.D.
Cal., filed November 2, 2015). The court refused to find that the mere
inclusion of the pictures constituted misrepresentation.

“The products at issue do not display any affirmative misrepresentations,”
the court said. “They merely show pictures of featured ingredients
contained in the puree pouch and fruit bars. No reasonable consumer
would expect the size of the flavors pictured on the label to directly
correlate with the predominance of the pictured ingredient in the puree

In October 2015, Plum announced it would change its marketing,
including product names, to better reflect the contents of its products.
Additional information appears in Issue 582 of this Update.


Issue 584

About The Author

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.