Facts

Alex Ang and Kevin Avoy filed a putative class action against Whitewave Foods Co., Dean Foods Co., Wwf Operating Co., and Horizon Organic Dairy LLC, alleging unfair, unlawful, and fraudulent practices in violation of the California Unfair Competition Law, misleading and deceptive advertising in violation of the California False Advertising Law, violation of the California Consumers Legal Remedies Act, and restitution based on unjust enrichment/quasi-contract.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that defendants misbranded its products containing evaporated cane juice. The products included soy milk, almond milk, low-fat milk, and yogurt products. Plaintiffs contended that defendants should have used the terms "sugar" or "dried cane syrup" instead of using the term "evaporated cane juice." Plaintiffs also contended that defendants misbranded their plant-based products as "milk" when that term was defined as "a substance coming from lactating cows." Further, that the products were also mislabeled as yogurt because they contained evaporated cane juice.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint on the ground of res judicata. In the alternative, defendants argued that plaintiffs' claims were preempted by the Florida action that alleged the same claims and had since settled. Defendants also contended that plaintiffs' claims were implausible.

Result

The court found that res judicata barred plaintiffs' evaporated juice cane and yogurt claims, but no as to their "milk" claims. However, the court found plaintiffs' milk claims preempted, and even if they weren't, they were implausible. The court dismissed plaintiffs' claim with prejudice.