In This Issue:

- Recent Significant Developments and Rulings

..Court Partially Pops Plaintiffs’ Claims in Wrigley

..Lack of Standing Dooms Plaintiff’s Yogurt Claims

..Court Stands By its Partial Class Certification Order

..Court Partially Dismisses Dole Complaint

- New Filings

- Excerpt from Court Partially Pops Plaintiffs’ Claims in Wrigley:

Gustavson v. Wrigley Sales Co., No. 12cv1861 (N.D. Cal.): The Court granted in part defendants’ motions to dismiss a class complaint alleging that Wrigley and Mars gums and candies are “misbranded” where allegations included claims related to listing of “flavinols” in dark chocolate products, calorie-related nutrition claims, and violations of federal standards for “low calorie,” “sugar free,” and serving size claims. The Court held that claims concerning calorie-related statements on chocolate, the standard of identity for milk chocolate, and low calorie statements about sugar free gum are expressly preempted by the Federal Food, Drug, and Cosmetic Act, and dismissed the breath mint serving size claim under the doctrine of primary jurisdiction. The Court declined to dismiss plaintiffs’ other claims and rejected defendants’ preemption arguments.