This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Deceptive Advertising

Brent Scruggs, on behalf of himself and all others similarly situated v. Mars Inc.

Published: Feb. 16, 2024 | Result Date: Nov. 9, 2023 | Filing Date: Aug. 9, 2022 |

Case number: 2:22-cv-05617-JAK-AFM Bench Decision –  Defense

Judge

John A. Kronstadt

Court

CD CA


Attorneys

Plaintiff

Robert Abiri
(Custodio & Dubey LLP)


Defendant

Stephen D. Raber
(Williams & Connolly LLP)


Facts

Plaintiff Brent Scruggs brought class action claims against Mars, Inc. for the alleged false and deceptive labeling and advertising of its "ALTOIDS" Cinnamon Mints. Plaintiff alleged that the word "CINNAMON" caused reasonable consumers to believe that the product contained cinnamon, when in fact, it did not. Mars moved to dismiss for failure to state a claim.

Result

The court initially granted defendant's motion to dismiss as to all but three claims. Upon Mars' motion for partial reconsideration, the court then vacated its previous order and went onto grant the motion in its entirely. It dismissed plaintiff's claims with prejudice as to plaintiff and without prejudice as to the class.


#142533

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390