Janet Hood, individually and on behalf of all others similarly situated v. Wholesoy & Co., Modesto Wholesoy Co. LLC, The Wholesoy Co., Tan Industries Inc., Ken Nordquist, Ted Nordquist
Published: Dec. 14, 2013 | Result Date: Jul. 12, 2013 | Filing Date: Jan. 1, 1900 |Case number: 4:12-cv-05550-YGR Bench Decision – Dismissal
Facts
Janet Hood filed a class action against Wholesoy & Co. and other companies, arguing that their product labels didn't comply with federal law requirements.
Contentions
PLAINTIFFS' CONTENTIONS:
Hood asserted causes of action under various state and federal consumer protection statutes, including the California Unfair Competition Law, the California False Advertising Law, the California Consumer Legal Remedies Act, the Song-Beverly Consumer Warranty Act, and the Magnuson-Moss Warranty Act.
Hood claimed that Wholesoy's product label was false and misleading, because it didn't list "sugar" or "dried cane syrup" as ingredients. Instead, Wholesoy listed "organic evaporated cane juice," which violated federal labeling rules. She also argued that Wholesoy misleadingly labeled some of its products as yogurt, despite not containing any form of milk. Hood claimed that she purchased these products starting in 2008, relying on the labels for the products. She later learned that the labels were false, and claimed that Wholesoy had acted unlawfully and deceptively.
DEFENDANTS' CONTENTIONS:
Defendants move to dismiss, arguing that the Food and Drug Administration had jurisdiction over these issues, and that the court would be undermining that jurisdiction by contradicting the FDA's decisions.
Result
The court granted defendant's motion to dismiss, finding that it was appropriate to defer to the FDA.
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