Anne Bucher  |  December 11, 2013

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

iStock_silk-soymilk

A California federal judge has dismissed a proposed class action lawsuit alleging that Dean Foods Co., WhiteWave Foods Co. and Horizon Organic Dairy mislabeled their plant-based milk products as milk when they do not come from cows, finding that this allegation “stretches the bounds of credulity.”

The products at issue in the class action lawsuit were Silk Soymilk, Silk Almond Milk, Silk Coconut Milk, Horizon Organic Yogurt, and Horizon Organic Vanilla Lowfat Milk, among others.

Plaintiffs Alex Ang and Kevin Avoy argued in their class action lawsuit that the defendants’ products were misbranded for several reasons. First, the plaintiffs argued that the soymilk, almond milk and coconut milk products were misbranded because they do not fall under the FDA’s definition of “milk,” which defines milk as a substance that comes from lactating cows.

Second, they alleged that under U.S. Food & Drug Administration (FDA) guidelines, the defendants should have used the terms “dried cane syrup” or “sugar” instead of “evaporated cane juice” on their products’ labels. Further, they argued that Horizon’s yogurt products should not have been labeled “yogurt” because they contain evaporated cane juice, which they claim is the same thing as sugar.
In his decision to dismiss the class action lawsuit, U.S. District Judge Samuel Conti determined that “it is simply implausible that a reasonable consumer would mistake a product like soymilk or almond milk with dairy milk from a cow.” Further, the judge found that adopting this reasoning would likely create more confusion for consumers with regard to non-dairy alternatives such as sheep or goat milk.

The plaintiffs argued that the FDA guidelines prohibit the defendants from using the term “milk” with regard to their plant-based products because the products do not come from cows. Judge Conti disagreed with this assertion, finding that the FDA regulations pertain only “to what milk is, rather than what it is not, and makes no mention of non-dairy alternatives” similar to the defendants’ products. The judge found that the names “almond milk,” “soymilk” and “coconut milk” “clearly convey the basic nature and content of the beverages, while clearly distinguishing them from milk that is derived from dairy cows.” Finding that these labels were not misleading, the judge dismissed the milk claims from the class action lawsuit.

Judge Conti also dismissed the other mislabeling claims against the defendants because the companies had agreed to settle a similar class action lawsuit in Florida, which was granted final approval in June. The plaintiffs attempted to set aside the class action settlement, but their motion to intervene was denied in October because the Florida court found that they had adequate notice and that their interests were adequately represented by the Florida action.

Although the yogurt claims were not resolved by the class action settlement, Judge Conti found that the settlement discharged all claims related to the use of the term “evaporated cane juice” with respect to the defendants’ products. Therefore, the plaintiffs are barred from bringing the claim because the yogurt claims are premised on the same theory that was presented in the Florida action.

Ang and Avoy have appealed the Florida class action settlement.

The plaintiffs are represented by Ben Pierce Gore of Pratt & Associates and David Wilson of Provost Umphrey Law Firm LLP.

The Soymilk Mislabeling Class Action Lawsuit is Ang, et al. v. WhiteWave Foods Co., et al., Case No. 3:13-cv-01953, in the U.S. District Court for the Northern District of California.

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE Top Class Actions Legal Statement
©2008 – 2013 Top Class Actions® LLC
Various Trademarks held by their respective owners

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

2 thoughts onJudge Dismisses ‘Implausible’ Soymilk Mislabeling Class Action Lawsuit

  1. anna says:

    They don’t have to pay, it was dismissed in December, sorry

  2. barbara hudson says:

    does this mean they dont have to pay?

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.