AlmondsLast year saw a trend in consumer class actions attacking advertising for products labeled as “all natural.”  The cases produced mixed results, and the extent to which this theory will succeed remains unclear.  Some cases settled.  See, e.g., Trammell v. Barbara’s Bakery, 12-cv-02664 (N.D. Cal. June 21, 2013).  Others were dismissed.  See, e.g., Rapcinsky v. Skinny Girl Cocktails LLC, 11-cv-6546 (S.D.N.Y. Jan. 1, 2013).  Some were allowed to proceed.  As this litigation unfolds, plaintiffs are trying a new, similar theory — that advertising products as “raw” is misleading.

The dismissals in the “all natural” cases often focused on the plaintiffs’ inability to define “all natural.”  Without a plausible definition, a plaintiff cannot state a cognizable claim that he or she was deceived by the phrase.  See, e.g., Pelayo v. Nestle USA Inc., 13-cv-5213 (C.D. Cal. Oct. 25, 2013).  Dismissals based on this issue appeared to have more success where the product at issue contained synthetic or processed ingredients.  However, cases involving products containing genetically modified organisms, or “GMOs,” seemed more immune to this theory.  See, e.g., Parker v. J.M. Smucker Co., 13-cv-00690 (N.D. Cal. Aug. 23, 2013) (motion to dismiss denied based on the “simple[] argument” that consumers would assume products labeled as “all natural” would not contain bioengineered ingredients).
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