Juicy Juice® Health Claims Class Action Appealed to Ninth Circuit
Plaintiffs alleging that they were misled by the purportedly unsubstantiated
claims Nestlé USA Inc. made about its Juicy Juice® Brain Development and
Immunity products have filed an appeal to the Ninth Circuit Court of Appeals
from a district court order dismissing their consolidated class action. Chavez/ Bonsignore v. Nestlé USA, Inc., No. 09-9192 (C.D. Cal., notice of appeal filed June 22, 2011). The lower court apparently gave the plaintiffs two opportunities to state a cognizable claim under California’s unfair competition and false advertising laws before dismissing the action in May 2011. According to the court, the plaintiffs’ second amended complaint “as with previous versions of the plaintiffs’ pleading in this action, is that it lumps together distinct products and multiple factual allegations without giving the reader a clear sense of which allegations support which specific claims.” See Law360, June 23, 2011.