Shavonda Hawkins, on behalf of herself and all others similarly situated v. The Kroger Company
Published: Jul. 30, 2021 | Result Date: Jul. 2, 2021 |Case number: 3:15-CV-02320-JM-AHG Settlement – $780,000
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
David Elliot
(The Elliot Law Firm)
Gregory S. Weston
(The Weston Firm)
Conor D. Trombetta
(The Weston Firm)
Defendant
Heather F. Canner
(Davis Wright Tremaine LLP)
Jacob M. Harper
(Davis, Wright & Tremaine LLP)
Ann Marie Mori
(TroyGould PC)
Facts
About six times per year, from 2000 to 2015, Plaintiff, Shavonda Hawkins, bought Kroger breadcrumbs. Beginning sometime in 2008, the breadcrumb's label stated "0g Trans Fat." However, while the nutrition label read "Trans Fat 0g," it also included partially hydrogenated vegetable oil as an ingredient which would mean that it would contain "trace amounts" of trans fat. Plaintiff filed a putative class action.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Defendant violated California's False Advertising Law, Unfair Competition Law, and Consumers Legal Remedies Act. She also brought claims for breach of the implied warranty of merchantability and breach of express warranty.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The settlement agreement requires Kroger to fund a $780,000 cash settlement fund of which $79, 635 will be for notice and administrative expenses.
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