Kind “Healthy” Labeling Lawsuits Consolidated
The U.S. Judicial Panel on Multidistrict Litigation has consolidated
11 putative class actions against Kind LLC alleging that its snack bars
are misleadingly marketed as “healthy” despite a high saturated fat
content and low levels of nutrients. Kind LLC “All Natural” Litigation,
MDL No. 2645 (S.D.N.Y., transfer order entered August 7, 2015). The
court found that the actions involved common questions of fact, and all
parties favored centralization except one plaintiff who did not oppose the
motion. The lawsuits were filed after the U.S. Food and Drug Administration
sent a letter to Kind warning against the use of “healthy” on several
of its products. Details about the first of these lawsuits appear in Issue
562 of this Update.
Issue 575