Ryan Richards, individually, and on behalf of all others similarly situated v. Safeway Inc.
Published: Mar. 7, 2015 | Result Date: Jan. 13, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-04317-JD Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Jessica L. Campbell
(Aegis Law Firm PC)
Scott E. Cole
(Cole & Van Note)
Defendant
Monty Agarwal
(Vallejo, Antolin, Agarwal & Kanter LLP)
Facts
Ryan Richards brought a class action complaint against Safeway Inc. for damages, injunctive relief, and restitution.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he purchased certain food products from defendant labeled as "100 [percent] Natural." Plaintiff further alleged that such labeling was false and misleading because such products contained the synthetic chemical preservative Sodium Acid Pyrophosphate, which was a non-natural, highly processed ingredient. Plaintiff contended the products he purchased that included the misleading labeling, were "Open Nature 100 [percent] Natural Multi-Grain Waffles" and "Open Nature 100 [percent] Natural Homestyle Waffles."
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.
Result
Following an order granting dismissal, the court entered judgment in favor of defendant and against plaintiff.
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