Two food producers, Kashi Co. and Kellogg Co., have agreed to settle separate class action lawsuits accusing them of falsely labeling their products as “100% All Natural.” If approved, consumers will receive cash awards from the proposed class action settlements.
Plaintiffs in the Kashi class action lawsuit allege that some products were labeled as “All Natural” and “Nothing Artificial,” when they allegedly contained certain synthetic and artificial ingredients, including pyridoxine hydrochloride, alpha tocopherol acetate and xanthan gum.
Plaintiffs in the Bear Naked class action lawsuit made similar allegations that involved the chemicals tocopherol and potassium carbonate, among others, allegedly contained in certain Bear Naked food products.
Under separate class action settlement agreements filed with the Court on May 2, both companies will stop using “100% Natural” and “100% Pure and Natural” on food labels containing these ingredients. In addition, the Bear Naked class action settlement will provide $325,000 in reimbursements for consumers who purchased the allegedly mislabeled food products. The Kashi class action settlement will provide $5 million in relief.
Under the specific terms of the settlement agreements, Class Members can obtain a refund of $0.50 per Bear Naked or Kashi product if they can submit proof of purchase such as a receipt. Customers without proof of purchase can only claim up to $10 per household under the Bear Naked class action settlement and up to $25 per household under the Kashi class action settlement. The Kashi purchase period is between Aug. 24, 2007 and May 2, 2014, while Bear Naked awards cover the purchase period Sept. 21, 2007 and May 1, 2014.
U.S. District Judge Marilyn L. Huff had certified both class action lawsuits in August 2013, noting that “the representation ‘Nothing Artificial’ has a clearly ascertainable meaning, namely, that the product contains no artificial or synthetic ingredients.” The plaintiffs also argued that the two companies used a “spectacular array” of chemicals as noted above.
The plaintiffs are represented by class action lawsuit attorneys from firms including Feinstein Doyle Payne & Kravec LLC, Finkelstein Thompson LLP and Faruqi & Faruqi LLP.
The Kashi Class Action Lawsuit is Astiana, et al. v. Kashi Co., Case No. 11-cv-01967, in the U.S. District Court for the Southern District of California.
The Bear Naked Class Action Lawsuits is Thurston, et al. v. Bear Naked Inc., Case No. 11-cv-02890, in the U.S. District Court for the Southern District of California.
UPDATE 1: For more information about the Bear Naked class action settlement, click here to view the Open Settlement page. Keep checking www.TopClassActions.com or sign up for our free newsletter for updates on the Kashi class action settlement.
UPDATE 2: California residents who purchased certain Kashi products that were allegedly falsely advertised as natural may also be eligible for benefits from a class action settlement. For more information, visit the combined Kashi/Bear Naked settlement website at www.NaturalClassSettlement.com.
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