Nov 26, 2019
Pennsylvania Supreme Court Rejects Fluctuating Work Week Method The PA Supreme Court ruled that the “Fluctuating
Feinstein Doyle Payne & Kravec, LLC was appointed as Interim Co-Lead Counsel in a food mislabeling case representing a proposed nationwide class of persons who purchased Kashi products claiming to be “All Natural” or containing “Nothing Artificial.”
The lawsuit, filed in the United States District court for the Southern District of California, alleges that since at least 2007 Kashi clearly labeled its products as being “All Natural” or containing “Nothing Artificial,” cultivating a wholesome and healthful image in an effort to promote sales, yet federal regulations identify a number of those ingredients as synthetic or as otherwise not existing in nature.
In its July 16, 2012 Order sustaining the plaintiffs’ consumer fraud claims, the District Court noted the plaintiffs’ allegations “that reasonable consumers understand ‘All Natural’ and ‘Nothing Artificial’ to mean that no synthetic or artificial ingredients are included, that reasonable consumers lack the means to verify the truthfulness of those claims, and that, after relying on the labels, a reasonable consumer would not expect any artificial or synthetic ingredients in Kashi Company’s products.”
Similarly, in sustaining the plaintiffs’ breach of warranty claims, the District Court noted the Complaint’s allegations that Kashi’s “All Natural” and “Nothing Artificial” claims “are not puffery and constitute affirmations of fact made by [Kashi],” and that these statements “became part of the basis of the bargain because one of the statements was on every product label and appeared in numerous advertisements, that Plaintiffs purchased the products believing that they conformed to the statements, [and] that [Kashi] breached the warranties by failing to supply the products that were free of synthetic or artificial ingredients.”
The Complaint asserts claims on behalf of a nationwide class of consumers who purchased Kashi’s “All Natural” and “Nothing Artificial” products, seeking injunctive and declaratory relief to stop Kashi from labeling its products as “All Natural” and “Nothing Artificial” when they contain artificial and/or synthetic ingredients, and to recover damages and/or restitution for any wrongful conduct.
For more information, please contact Attorney Joe Kravec.
To review additional cases regarding foods labeled as “All Natural” or “100% Natural” click here: Trader Joe’s