Putative Class Disputes King Arthur’s “All Natural” Product Claims

Seeking to certify a nationwide class of consumers, a California resident
has filed consumer fraud claims against a company that makes numerous
breakfast-, dessert- and bread-mix products promoted as “All Natural,” while
containing purported synthetic ingredients, such as ascorbic acid, disodium
phosphate, potassium carbonate, and sodium acid pyrophosphate. Larsen v.
King Arthur Flour Co., Inc., No. 11-5495 (N.D. Cal., filed November
14, 2011). The complaint focuses on 64 specific products carrying “All Natural”
labels and identifies which alleged synthetic ingredient is contained in each.
The plaintiff alleges that she “did not receive the ‘All Natural’ baking mixes
she bargained for . . . and has lost money as a result in the form of paying a
premium for King Arthur’s Mixes because they were purportedly all natural
rather than paying the lesser amount for non-natural alternatives.”

The complaint, which also seeks to certify a sub-class of California consumers, alleges common law fraud; unlawful, unfair and fraudulent business practices under California’s unfair competition law; statutory false advertising; violation of California’s Consumers Legal Remedies Act; and restitution based on quasi-contract/unjust enrichment. The plaintiff requests restitution; compensatory, statutory and punitive damages; injunctive relief; attorney’s fees; costs; interest; and “an order requiring an accounting for, and imposition of, a constructive trust upon all monies received by King Arthur as a result of the unfair, misleading, fraudulent and unlawful conduct alleged herein.”