Smart Balance Wants Margarine Labeling Suit Tossed

Law360, New York (April 5, 2010, 1:23 PM EDT) -- Smart Balance Inc. has asked a federal judge to toss a proposed class action accusing the company of misleading consumers by labeling its Nucoa Margarine “cholesterol free” and “healthy” even though the product contains trans fats.

The company filed a motion to dismiss the suit Friday in the U.S. District Court for the Central District of California, saying that the plaintiff had failed to state a claim.

Plaintiff Rebecca Yumul lodged the suit in February seeking to represent a class of all individuals who purchased Nucoa...
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