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Consumer Law
False Advertising
All Natural Dairy Free Beverage

Garo Madenlian, on behalf of himself and all others similarly situated v. Flax USA Inc., and Does 1 through 10, inclusive

Published: Dec. 13, 2014 | Result Date: Sep. 22, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-01748-JVS-JPR Settlement –  $260,000

Court

USDC Central


Attorneys

Plaintiff

Chant Yedalian
(Chant & Company APLC)


Defendant

Steven J. Goon

Karen E. Walter


Facts

Garo Madenlian brought a class action against Flax USA Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant deceptively packaged and labeled its flax milk beverage products through its use of the printed statement "All Natural Dairy Free Beverage." Defendants alleged that the phrase "All Natural" was false and misleading because the products contained artificial or synthetic ingredients.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims.

Result

The parties settled the case and the court preliminarily approved the class action settlement. Under the settlement, defendant agreed to pay $260,000 to a settlement fund to pay class members a certain amount per carton for every flax milk beverage product they purchased, up to 10 cartons per class member. Defendant also agreed to refrain from using the phrase "all natural" on the packaging of any future flax milk beverage products.


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