Nestle Seeks To Junk Breakfast Drink False Ad Action

Law360, New York (April 13, 2011, 1:09 PM EDT) -- A Nestle SA subsidiary on Tuesday moved to dismiss a California putative class action alleging the food giant misled consumers by advertising a dark chocolate breakfast drink as healthy because it contains antioxidants.

Nestle Healthcare Nutrition Inc. filed its motion in the U.S. District Court for the Central District of California, alleging the plaintiff, customer Katie Francis, lacks standing and cannot sue under California law.

The suit surrounds Nestle's Carnation Instant Breakfast product, which is available in ready-to-drink bottles and a powder drink mix. The label...
To view the full article, register now.