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Consumer Law
Consumer Protection
False Advertising

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

Cameron J. Johnson

Jeffrey I. Carton

Robert J. Greenberg

Lennette W. Lee
(King & Spalding)

Robyn C. Crowther
(Steptoe & Johnson LLP)


Defendant

Rebecca B. Johns

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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