In This Issue:
- Recent Significant Developments and Rulings
..Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read
..Chipotle Defeats Class Certification in “Naturally Raised” Meat Lawsuit
..In Monster Victory, Court Dismisses Energy Drink Suit
..Court Finds “Zero Impact" a Question for FDA
..Coffee Suit Grinds to a Halt on Defendants’ Motion for Summary Judgment
..Court Approves Class Action Settlement in Barbara’s Bakery Case
- New Filings
- Excerpt from Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read:
Figy v. Amy’s Kitchen, Inc., No. 3:13-cv-03816-SI (N.D. Cal.): The court dismissed a proposed class action accusing Amy’s Kitchen of mislabeling its products as containing “evaporated cane juice” instead of sugar, finding the plaintiff failed to allege he read and relied on the ingredients list before purchasing the products. The court rejected plaintiff’s argument that he did not need to show actual reliance in order to state a claim under the unlawful prong of California’s Unfair Competition Law. Instead, the court concluded that actual reliance is necessary to satisfy the UCL’s standing requirement.
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Topics: Advertising, Chipotle Grill, Class Action, Class Certification, Dismissals, FDA, Food Labeling, Monster Energy Drinks, Settlement, Summary Judgment
Published In: Civil Procedure Updates, Communications & Media Updates, Consumer Protection Updates
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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