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Consumer Law
Consumer Protection
Misbranded Food Products

Alex Khasin, individually and on behalf of all others similarly situated v. R.C. Bigelow Inc.

Published: Sep. 17, 2016 | Result Date: Aug. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-02204-WHO Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Ben F. Pierce Gore
(Pratt & Associates)

J. Price Coleman


Defendant

Michael D. Scully
(Gordon & Rees LLP)

Timothy K. Branson
(Gordon & Rees LLP)

Joni B. Flaherty
(Gordon & Rees LLP)


Facts

Plaintiff filed a class action lawsuit on behalf of a class of consumers who purchased defendant's tea products in the last four years.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant mislabeled its green tea products when it included the phrases "healthy antioxidants" and "packed powerful antioxidants" on its product labels.

Plaintiff asserted causes of action for violations of Business and Professions Code Sections 17200 and 17500; violation of the California Consumer Legal Remedies Act; restitution based on unjust enrichment/quasi-contract; violation of the Beverly-Song Act; and violation of the Magnuson-Moss Act.

DEFENDANT'S CONTENTIONS:
Defendant denied that its statements were false or misleading.

Result

The court granted summary judgment in defendant's favor, finding that plaintiff failed to provide evidence that a reasonable consumer would likely be misled by defendant's statements, failed to present evidence in support of his claim for damages, and could not establish standing for injunctive relief.


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