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Consumer Law
Consumer Protection
False Advertising

Patrick Garrett, Jeff Mains, and Linda Eustice, individually and on behalf of all others similarly situated v. Bumble Bee Foods LLC

Published: May 20, 2017 | Result Date: Mar. 30, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 20141cv264322 Bench Decision –  Defense

Court

Santa Clara Superior


Attorneys

Plaintiff

Ben F. Pierce Gore
(Pratt & Associates)

Gary M. Yarborough Jr.


Defendant

Patrick S. Thompson

Forrest A. Hainline III
(Goodwin Procter LLP)

Anahit Samarjian
(Perkins Coie LLP)


Facts

Patrick Garrett, Jeff Mains, and Linda Eustice filed a consumer class action against Bumble Bee Foods LLC concerning its labeling of tuna products as an "excellent source" of Omega-3 fatty acids.

Contentions

PLAINTIFFS' CONTENTIONS:
Defendant allegedly duped consumers regarding the health benefits of its canned tuna products. Defendant allegedly used the American Heart Association logo, further misleading consumers of the alleged health benefits of its products. Plaintiff also alleged that the FDA did not approve of defendant's labels and that defendant paid AHA a fee to use the AHA logo. Plaintiff asserted causes of action for violation of California's Unfair Competition Law, Sherman Law, and related laws.

Result

The court found that Bumble Bee's labels made essentially the same Omega-3 claim as an FDA-approved claim, and plaintiffs failed to meet their burden of proving the AHA logo was a paid endorsement. The court concluded the alleged misstatements were not material to consumers and any injury to consumers brought on by Bumble Bee's allegedly misleading labeling was "de minimis at best," resulting in a defense judgment.

Other Information

FILING DATE: June 3, 2014.


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