A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the company’s motion to dismiss on all but one of the plaintiff’s claims, her claim for unjust enrichment and restitution, and allowed the plaintiff to file an amended complaint. The plaintiff alleged in her February 2022 complaint that Mead Johnson engaged in misleading advertising by calling its Enfamil powdered infant products “Milk-based” when milk is one of the ingredients, not the primary ingredient by weight. The plaintiff alleged that at the time of purchase, she understood that phrasing to mean milk was the primary ingredient, but later learned the primary ingredient in the product was corn syrup…
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An Illinois woman has filed a proposed class action against Mondelēz, alleging the company's Trident gum misleads consumers into believing its flavoring comes from peppermint or mint ingredients rather than artificial flavoring. Lesorgen v. Mondelēz Global LLC, No. 22-50375 (N.D. Ill., filed October 28, 2022). The product at issue in the suit is Trident Original Flavor gum. The plaintiff noted in the complaint that the front label states "ORIGINAL FLAVOR" with a picture of a blue-colored peppermint leaf. "By representing the Product as 'mint' or 'peppermint' without any qualifying terms, consumers and Plaintiff expected its taste was from mint or peppermint ingredient," the plaintiff said in the complaint. "However, the ingredient list in small print on the back does not identify any mint or peppermint ingredients, and gets its mint or peppermint taste from 'Natural and Artificial Flavor.'” The plaintiff asserts that the products' added natural and artificial flavor must…
A California consumer has filed a proposed class action against La Fermiere, alleging the yogurt maker misrepresented the origin of its products on its packaging. Manier v. La Fermiere Inc., No. 22-1894 (C.D. Cal., filed October 27, 2022). The plaintiff alleged she was misled by the product’s packaging into believing the yogurt she bought was made in France, and she would not have purchased the company’s yogurt had she been aware of the misrepresentations. According to the complaint, the defendant runs U.S. operations for a French-based company that manufactures, labels, distributes and sells yogurt in France and throughout Europe. It also manufactures, labels, distributes and sells yogurt products in the United States. "Defendant’s marketing, labeling and sale of the Products misleads a reasonable consumer to believe that the yogurts are made in France, by using the words 'Naturally French' on the front label," she asserted in the complaint. "Consumers interpret that…
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product packaging contained statements about nutrition content, such as “3g of Protein, 4g of Fiber and 300mg Omega-3 from Chia ALA,” that constitute “nutrient content claims” in violation of U.S. Food and Drug Administration regulations. They alleged that Sprout violated the California False Advertising Act, the California Consumer Legal Remedies Act and the California Unfair Competition Law (UCL). They also brought claims of common-law fraud and unjust enrichment. In reviewing the plaintiffs’ fraud claims, the court found that the plaintiffs claim to make two showings: that the labels communicate a message that the products provide physical…
A New York woman has brought a putative class action against Nestlé USA Inc. alleging the company makes misleading claims about the nutrition content of its Ovaltine flavored drink mix products. McMenamy v. Nestlé USA Inc., No. 22-1053 (N.D.N.Y., filed October 11, 2022). The plaintiff took issue with labeling including “A Good Source of 12 Vitamins & Minerals” and “No Artificials.” She said that under state and federal regulations, the former phrase is a nutrient content claim, meaning that the product should provide between 10 to 19 percent of the recommended daily intake or recommended daily value of no less than 12 vitamins or minerals. She said the product is not a good source of 12 vitamins and minerals because the consumer is required to mix the product with a cup of low-fat Vitamin A & D milk. “That the Product is not a good source of 12 vitamins and…
A California woman has filed a proposed class action against Danone Waters of America, alleging its Evian Natural Spring Water product packaging made misleading representations about being carbon neutral. Dorris v. Danone Waters of America, No. 22-8717 (S.D.N.Y., filed October 13, 2022). The plaintiff noted in her suit that the defendant represents on all versions of its Evian packaging that the product is “carbon neutral.” As a result, she asserted that reasonable consumers would believe the manufacturing of the product is sustainable and does not leave a carbon footprint, but that impression is false. “Defendant’s manufacturing of the Product still causes carbon dioxide ('CO2') to be released into the atmosphere,” she said in the complaint. “Accordingly, the carbon neutral claim is false and misleading because the Product’s manufacturing process is not carbon neutral, and consumers would not have purchased the Product, or paid substantially less for it, had they known…
A California federal court has denied a motion to dismiss a lawsuit alleging Barilla America Inc. misled consumers as to the source of its pasta products by marketing them as "Italy's #1 Brand of Pasta." Sinatro v. Barilla Am. Inc., No. 22-3460 (N.D. Cal., entered October 17, 2022). The court first held that the plaintiffs had standing to sue because the "allegations are sufficient to establish an economic injury for purposes of constitutional standing," but it found that the plaintiff lacked standing for injunctive relief. Turning to whether a reasonable consumer could be misled by Barilla's claims, the court was unpersuaded by Barilla's argument that "it is not misleading to invoke the company’s Italian roots 'through generalized representations of the brand as a whole.'” "Barilla asks the court to assume that consumers would solely perceive the Challenged Representation to mean that the products at issue are part of the Barilla brand,…
A New York federal court has dismissed a lawsuit alleging that customers of Big Lots Inc. were misled by the packaging of Fresh Finds Colombian coffee. Devey v. Big Lots Inc., No. 21-6688 (W.D.N.Y., entered October 12, 2022). The plaintiff asserted that the canisters of coffee she purchased stated that the contents could produce "up to 210" 6-oz. servings, but preparation by following the serving instructions would only yield 152 servings. "[B]y focusing solely on the instructions for brewing a single serving, plaintiff’s calculation completely overlooks the brewing instructions on the label for larger batches, which offer a significantly higher potential yield. While 1 Tblsp. of ground coffee is recommended for a single serving, larger batches require 20% less ground coffee: ¼ cup (4 Tblsp.) for 5 servings, and ½ cup (8 Tblsp.) for 10," the court found. "Preparing coffee in batches of 5 or 10 per the label instructions,…
A federal court has blocked the state of Arkansas from enforcing a 2019 law that made it illegal for companies to use words like “burger” or “sausage” to describe products not made from animals. Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., entered September 30, 2022). The ruling was in a lawsuit brought by the Good Food Institute, Animal Legal Defense Fund and the American Civil Liberties Union on behalf of Tofurky, a maker of plant-based meat products. The suit challenged an Arkansas law that would have made it illegal for companies to use words typically associated with animal products to describe products not made from animals. The plaintiffs alleged that the law violates Tofurky’s First Amendment and Fourteenth Amendment rights. The court granted the plaintiffs a permanent injunction against the state, finding that the state appears to believe that the simple use of words like “burger,” “ham”…
A California man has sued the maker of Texas Pete-brand hot sauce products, alleging the company deceptively advertises itself as having Texas ties, while it is in fact made in North Carolina. White v. T.W. Garner Food Co., No 22-6503 (C.D. Cal., filed September 12, 2022). The plaintiff has brought a proposed class action against T.W. Garner Food Co., a North Carolina company, alleging the company’s labeling and advertising campaign “is overloaded with references to Texas.” “Although Defendant brands the Products ‘Texas Pete,’ there is surprisingly nothing Texas about them: unknown to consumers, the Products are standard Louisiana-style hot sauces, made with ingredients sourced outside the state of Texas, at a factory in North Carolina,” the complaint said. The plaintiffs noted that the packaging and labeling has “distinctly Texan imagery: the famed white ‘lone’ star from the Texan flag together with a ‘lassoing’ cowboy.” “Defendant concocted this false marketing and…
