Kellogg Tainted Cracker Suit Survives Dismissal Bid

Law360, New York (March 22, 2011, 4:32 PM EDT) -- A federal judge in California on Monday largely refused to dismiss a proposed class action alleging that Kellogg Co. violated consumer protection laws and breached an implied warranty by selling salmonella-tainted peanut butter crackers.

Judge Josephine Staton Tucker of the U.S. District Court for the Central District of California ruled that plaintiff Anthony Benavides had sufficiently alleged that Kellogg has violated California's Consumers Legal Remedies Act and Unfair Competition Law and breached the implied warranty of merchantability, and denied Kellogg's motion to dismiss those claims....
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