Kashi False Advertising Class Action Lawsuit Survives in Court
By Mike Holter
A class action lawsuit alleging Kashi deceptively advertised its GoLean and TLC products as “all natural” has survived in court, allowing the Plaintiffs to pursue compensation for U.S. consumers who purchased “falsely labeled” Kashi products.
The ruling comes nearly a year after the Kashi false advertising lawsuit was filed, which alleges Kashi’s act of printing “All Natural” or “Nothing Artificial” on its packages violates federal and California laws protecting consumers from false or misleading advertising. Plaintiffs in the class action lawsuit claim Kashi mislabeled their products as free of artificial ingredients, even though some of their GoLean and TLC products are “composed almost entirely of synthetic and unnaturally processed ingredients.” Some of these synthetic ingredients are even listed by the FDA as prescription drugs and federally declared hazardous substances, the Kashi class action lawsuit says.
Kashi tried to dismiss the false advertising class action lawsuit in April 2012, asserting that its food labels are not false nor misleading, that the Plaintiff’s claims are preempted by federal law, and that the terms “All Natural” and “Nothing Artificial” are too subjective and vague to actionable.
U.S. District Judge Marilyn Huff last month dismissed several of the federal law claims and common law claims made in the Kashi class action lawsuit, but denied dismissal of the California Consumer Protection Law claims.
A copy of the original Kashi GoLean & TLC False Advertising Class Action Lawsuit can be read here.
The case is Michael Bates v. Kashi Company, Kellogg Company, et al., Case No. 11-cv-1967, U.S. District Court, Southern District of California.
Updated August 16th, 2012
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