Judge Skims Smart Balance 'Fat Free' Milk Case

Law360, New York (June 27, 2012, 6:01 PM ET) -- A New Jersey federal judge Monday trimmed a putative class action accusing Smart Balance Inc. of misrepresenting the amount of fat in “fat free” milk, tossing claims of consumer fraud but allowing the plaintiffs to pursue breach of warranty claims.

U.S. District Judge Jose Linares found that the Stewart family, who claim they had been misled into purchasing the more expensive milk by Smart Balance, did not properly show a quantifiable loss under New Jersey's consumer fraud laws. But in dismissing the claims without prejudice, the...
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