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Consumer Law
False Advertising
Fat Content

Kym Pardini v. Unilever United States Inc.

Published: Jul. 27, 2013 | Result Date: Jul. 9, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-1675 Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Shana E. Scarlett
(Hagens, Berman, Sobol & Shapiro LLP)

Steve W. Berman
(Hagens, Berman, Sobol & Shapiro LLP)

Ureka E. Idstrom


Defendant

William L. Stern

Claudia M. Vetesi
(Morrison & Foerster LLP)

Lisa Wongchenko


Facts

Kym Pardini filed a class action against Unilever United States Inc. over its marketing of I Can't Believe It's Not Butter! Spray. Pardini alleged that the product was deceptively marketed as having "0 fat" and "0 calories" when it, in fact, contained 771 calories and 82 grams of fat per bottle.

Unilever moved to dismiss the complaint for failure to state a claim.

Result

The district court granted Unilever's motion to dismiss.


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