Yaniv Dvora, on Behalf of Himself, All Others Similarly Situated and the General Public v. General Mills Inc.
Published: Jan. 14, 2012 | Result Date: Oct. 17, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-01074-GW (PLAx) Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Craig M. Nicholas
(Entorno Law LLP)
Alex M. Tomasevic
(Nicholas & Tomasevic LLP)
Defendant
Sabrina H. Strong
(O'Melveny & Myers LLP)
Facts
A putative class action was filed against General Mills Inc. for misleading the public by falsely claiming that its Total Blueberry Pomegranate cereal product contained real fruit.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the large and bold font printed on the cereal box and fruit images on the box misled the public into believing the product had real fruit, when in fact it did not.
Result
The court ruled that federal product-labeling laws and flavoring regulations preempted plaintiffs' claims. The regulations allowed manufacturers to use a fruit's name and image to describe a flavor even if the product contained no fruit.
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