Facts

Katrina Garcia and Laura Eggnatz filed a class action while Julie Martin, individually, filed a case against Kashi Co. and The Kellogg Co., concerning certain Kashi products. Plaintiffs' lawsuits were later consolidated into a class action.

Julie Martin voluntarily dismissed her action against defendant, pursuant to Federal Rule of Civil Procedure 41(a)(ii).

PLAINTIFFS' CONTENTIONS:
Plaintiffs accused defendants of mislabeling Kashi products as "all natural," 100 percent natural, or "nothing artificial," when, they claimed in reality, the products contained genetically modified organisms.

Plaintiffs asserted causes of action for violations of Florida's Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of implied warranty of fitness for purpose, breach of express warranty, declaratory judgment, money had and received, violations of California Business & Professions Code Sections 17500 et seq., violations of California Civil Code Sections 1750 et seq., violations of the "unfair" and "fraudulent" prongs of Business and Professions Code Sections 17200 et seq., and violations of the "unlawful" prong of the same.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the action for failure to state a claim for relief. Defendants asserted that the Food and Drug Administration does not require disclosure of bioengineered ingredients. Defendants also claimed that plaintiff's claims were preempted by FDA policy and regulations.

Result

The parties reached a $4 million settlement. Under the settlement, eligible class members who do not have receipts evidencing purchase were entitled to a maximum of $27.50, while those who could substantiate their purchases were not so limited.