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
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.
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