Food Litigation Newsletter

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In This Issue:

- Recent Significant Developments and Rulings

..100% Natural Tea Case Survives Dismissal

..Claims in Chocolate Case Survive Dismissal

..Court Denies Class Certification in “All Natural” Case

..Court Dismisses in Part Antioxidant and Honey Case

..Court Stays Evaporated Cane Juice Lawsuit

- New Filings

- Excerpt from 100% Natural Tea Case Survives Dismissal:

Von Slomski v. The Hain Celestial Group, Inc., No. 8:13cv01757 (C.D. Cal.): The court denied defendant’s motion to dismiss a putative class action alleging claims under California’s UCL, FAL, and CLRA, as well as breach of express warranty, based on defendant’s representation that its teas are “100% Natural” when in fact they allegedly contain chemical insecticides, fungicides, and herbicides. The court concluded that plaintiff had adequately alleged that a reasonable consumer may be misled by the product’s “100% Natural” representation. The court further reasoned that the defendant’s puffery defense raised fact issues that could not be resolved at the pleading stage. The court likewise found plaintiffs had standing, including to bring claims as to teas they had not purchased. Finally, the court concluded that primary jurisdiction did not merit dismissal of plaintiff’s claims.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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