Susan Fitzpatrick, on behalf of herself and all others similarly situated v. Tyson Foods Inc.
Published: Oct. 29, 2016 | Result Date: Oct. 5, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-00058-JAM-EFB Bench Decision – Dismissal
Court
USDC Eastern
Attorneys
Plaintiff
John E. Norris
(Davis & Norris LLP)
Defendant
Frank C. Rothrock
(Shook, Hardy & Bacon LLP)
Naoki S. Kaneko
(Shook, Hardy & Bacon LLP)
Facts
Susan Fitzpatrick filed a class action against Tyson Foods Inc., involving its chicken products.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff purchased defendant's dog treats, including "chicken grillers." The product was labeled "Made in the USA," when, in fact, the ingredients were actually sourced from foreign country. Plaintiff claimed that the products actually contained tapioca, vitamin, mineral, and amino acid packs that came from outside the U.S. Plaintiff claimed she was duped into purchasing the product and paying a premium for the product, believing it was made in the U.S. when it was not. As such, plaintiff filed this instant consumer class action alleging violations of the California Unfair Competition Law and California Consumers Legal Remedies Act.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the action for, among other things, lack of specificity and lack of standing.
Result
The court ordered the case dismissed with prejudice.
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