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August 29, 2012 / Nazareth M. Haysbert

Kashi’s GoLean and TLC Products Lose Motion to Dismiss a Class Action False Advertising Lawsuit

By: Nazareth Haysbert

Kashi, the maker of GoLean and TLC products, has lost its attempt to dismiss a class action lawsuit brought against it for falsely mislabeling its GoLean and TLC products as “all natural” and free of artificial ingredients, when in fact the products were almost entirely composed of synthetic and processed ingredients.  The federal court judge presiding over the case recently denied their motion to dismiss, allowing the class action lawsuit to proceed.

The lawsuit charges Kashi with trying to capitalize on the consumer preference for natural and healthy foods by prominently displaying the promises “all natural” and “nothing artificial” on the front labels of its products, despite knowing these claims were false. Plaintiffs allege that based on the labels, they believed the products contained no synthetic or artificial ingredients and therefore paid a premium price for the product.

Kashi sought to dismiss the false advertising class action lawsuit in April 2012, asserting in part that its food labels were not false or misleading.  U.S. District Judge Marilyn Huff dismissed several of the claims but denied dismissal of Plaintiff’s California Consumer Protection law, breach of express warranty, and quasi-contract claims.

If found liable for false advertising, Kashi could potentially face damages for violation of California’s Unfair Competition Law (Cal. Bus. & Prof. Code §17200 et seq.), False Advertising Law (Cal. Bus & Prof. Code §17500 et seq.), Consumer Legal Remedies Act (Cal. Civ. Code §1750 et seq.), and could be required to pay restitution. Kellogg Company, Kashi’s parent corporation, recently settled two false advertising class action lawsuits concerning the nutritional claims of its Rice Krispies Cereal and Frosted Mini Wheats.

If you or someone you know feels they have been misled by a consumer products manufacturer involving a false or deceptive food label, please contact Khorrami, LLP for a confidential evaluation of your rights.

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