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Judge Trims Kraft, Cadbury Products Class Action Lawsuit
By Kimberly Mirando
A class action lawsuit accusing Kraft and Cadbury of misleading consumers about how healthy their products actually are had multiple claims stripped by a federal judge on Monday.
The class action lawsuit accuses the companies of falsely advertising its “sugar free” and “sugarless” gum, breath mints and hard candies by not adding referral statements that the products are not low-calorie and not for weight control.
The class action lawsuit was later amended to include additional Kraft and Cadbury products, including Jell-O, Easy Mac, crackers, cookies, stuffing mix, and more. The new complaint alleged these products were deceptively labeled as “natural” or “all natural” because they contained evaporated cane juice. It also took issue with labels for some of the products in regard to their fat, saturated fat and cholesterol content.
U.S. District Judge Ronald M. Whyte tossed multiple claims from the amended class action lawsuit, including those under the Song-Beverly Act and Magnusom-Moss Warranty Act and state law claims concerning the labeling of mints, Crystal Light products, Planters nut mix and Kraft cheese products. Judge Whyte also tossed claims related to any products the plaintiff did not purchase.
“Defendants … argue that plaintiff lacks standing to sue based on products that she did not herself purchase,” the judge said. “Although courts are split as to whether actual purchase is required to establish the requisite injury-in-fact… in this case, the court agrees with defendants that there can be no requisite pecuniary injury where plaintiff did not herself purchase the product at issue.”
Despite removing these claims from the class action lawsuit, Judge Whyte left numerous others intact after determining the products either did not contain federally required referral statements or could not be determined at the summary judgment stage.
The Kraft/Cadbury Product False Advertising Class Action Lawsuit case is Susan Ivie et al. v. Kraft Foods Global Inc. et al., Case No. 12-cv-02554, U.S. District Court for the Northern District of California.
Updated February 28th, 2013
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