Facts

Claudia Morales and Mocha Gunaratna brought a class action against Kraft Foods Group Inc. for false and misleading advertising.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendant's product, Kraft Natural Cheese – Shredded Cheese – Cheddar Fat Free, was labeled and advertised by defendant as "natural." Plaintiffs further alleged defendant used the term "natural" to distinguish this product from other non-natural cheese products, which did not include the "natural" label. Plaintiff argued that the label of this product as "natural cheese" was misleading to consumers because the cheese contained artificial color.

DEFENDANT'S CONTENTIONS:
Defendant argued that it never labeled the product in question as "all natural" or 100 percent natural. Defendant further argued that no reasonable consumer would be misled by the term "natural cheese." Defendant also contended that plaintiffs failed to specify which advertisements or labeling misled them.

Result

The court granted defendant's motion to dismiss without prejudice. The court held that plaintiffs failed to plead certain elements with specificity, including what advertising or labeling persuaded them to purchase the product.