Kathryn Workman, on behalf of herself and all others similarly situated v. Plum Inc., dba Plum Organics, Campbell Soup Company
Published: Dec. 19, 2015 | Result Date: Nov. 2, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:15-cv-02568-WHA Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Lennette W. Lee
(King & Spalding)
Robyn C. Crowther
(Steptoe & Johnson LLP)
Defendant
Dale J. Giali
(King & Spalding LLP)
Keri E. Borders
(King & Spalding LLP)
Facts
Kathryn Workman filed a class action against Plum Inc. doing business as Plum Organics, concerning Plum's Organics Mighty 4 products.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged defendant sold the subject products consisting of puree pouches and fruit bars for toddlers. Defendant's label for the product allegedly listed the products ingredients in the front, but those were not the only ingredients contained in the products. Plaintiff alleged that such labeling was deceptive and violated California's Consumer Legal Remedies Act and the Business Professions Code.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for failure to state a claim for relief, lack of standing, and failure to plead with sufficient particularity.
Result
The court granted Plum Inc.'s motion to dismiss with prejudice.
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