Smart Balance False Ad Suit Gets Another Shot

Law360, New York (August 2, 2010, 1:53 PM EDT) -- A federal judge is allowing a plaintiff to take another shot at specifying her pleadings in a proposed class action that accuses Smart Balance Inc. of using labeling that misleadingly advertises its Nucoa Margarine as "healthy," even though the product contains trans fat.

Judge Margaret M. Morrow of the U.S. District Court for the Central District of California on Friday denied Smart Balance's motion to dismiss the case on the ground that the statute of limitations for the plaintiff's claims had expired.

Plaintiff Rebecca Yumul lodged...
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