Facts

Dominika Surzyn filed a class action against Diamond Foods Inc., based on claims that it mislabeled its products.

PLAINTIFF'S CONTENTIONS:
Surzyn argued that Diamond unlawfully, fraudulently, and misleading represented that its Kettle Brand TIAS Tortilla Chips were "All Natural." Plaintiff contended that despite Diamond's claims, the chips contained unnatural ingredients. As a result, Surzyn argued that Diamond deceived its customers into purchasing the chips, based on false advertising.

Surzyn asserted causes of action for violations of the California Business and Professions Code, violation of the Consumer Legal Remedies Act, and negligent misrepresentation.

DEFENDANT'S CONTENTIONS:
Diamond filed a motion to dismiss, arguing that the challenged labeling would not mislead a reasonable consumer. Diamond also argued that Surzyn had not provided enough information to support her claims.

Result

The court granted Diamond's motion to dismiss.