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.

Documents

Related

Sections

Case Information

Case Title

Katie Francis v. Nestle Healthcare Nutrition Inc et al


Case Number

2:10-cv-09544

Court

California Central

Nature of Suit

Fraud or Truth-In-Lending

Judge

George H Wu

Date Filed

December 13, 2010

Law Firms

Companies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.