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Highly limited "healthy fats" claim survives dismissal

last yearIndustries / Law : 43(B)log

Delacruz v. Cytosport, Inc., 2012 WL 1215243 (N.D. Cal.) Delacruz filed a putative class action under the usual California laws based on claims about Muscle Milk Ready-to-Drink and Bars. Though Cytosport allegedly represents the products to be healthy and nutritious (e.g., “there's no question you're getting a nutritious snack,” and the products “take[ ] the guess work out of high performance nutrition”), almost 50% of their calories come from fat, basically equivalent to a Krispy Kreme doughnut.
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bewildering complexity of modern world makes class certification difficult

Industries / Law : 43(B)log (1 hour ago)

Red v. Kraft Foods, Inc., 2012 WL 8019257 (C.D. Cal.) Plaintiffs sued Kraft under the UCL, FAL, and CLRA based on allegedly false marketing of Teddy Grahams, many varieties of Ritz Crackers, Original Premium Saltine Crackers, Honey ... Read Post

No reasonable consumer would think diet soda "all-natural"

Industries / Law : 43(B)log (2 minutes ago)

Viggiano v. Hansen Natural Corp., --- F.Supp.2d ----, 2013 WL 2005430 (C.D. Cal.) Viggiano brought the usual California claims, along with federal warranty claims, based on Hansen’s diet Premium Sodas labeled as containing “all natu... Read Post

alleged violation of FDA regs on "healthy" allows claim to survive

Industries / Law : 43(B)log (10 months ago)

Delacruz v. Cytosport, Inc., 2012 WL 2563857 (N.D. Cal.) Delacruz brought a putative class action based on Cytosport’s Muscle Milk drink and bars, with the usual California claims. Previously, the court found that the “Healthy, Sust... Read Post


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