Heinz False Source Suit Dismissed

A California federal court has dismissed a lawsuit alleging Kraft Heinz
Food Co. mislabels its Heinz sauces as manufactured in the United States
despite containing ingredients sourced outside the country, including
turmeric, tamarind extract and jalapenos. Alaei v. Kraft Heinz Food Co.,
No 15-2961 (S.D. Cal., order entered April 22). The complaint failed to
meet the heightened pleading standards associated with fraud claims, the
court found, in part because she did not allege that the Heinz 57® sauce
she bought contained any specific ingredients of foreign origin. Further,
she could not have standing to assert misrepresentation claims against
products she did not purchase without arguing the other sauces were
substantially similar to Heinz 57®. Accordingly, the court granted Kraft’s
motion to dismiss but allowed the plaintiff leave to amend. Additional
information on the complaint appears in Issue 589 of this Update.

Issue 602