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3:13-cv-04828
California Northern
Other Statutory Actions
Class Action
Magistrate Judge Joseph C. Spero
A California federal judge refused to toss a proposed class action against Lifeway Foods Inc. over the phrase "evaporated cane juice" on its labels, holding Tuesday that a consumer doesn't need to provide exact purchase dates and that it's too early to consider striking nationwide class claims.
A proposed class action against Lifeway Foods over the phrase "evaporated cane juice" on its labels still suffers from "fatal defects" and should be tossed, despite recent U.S. Food and Drug Administration guidance that the description is misleading, the company told a California federal judge Thursday.
Lifeway Foods urged a California federal judge Tuesday to toss a consumer class action against it over the ingredient labeling on its kefir smoothies, saying the argument that a health-conscious consumer saw an "evaporated cane juice" label but didn't understand that the product contained added sugar is implausible.
A class of consumers suing Lifeway Foods Inc. over the ingredient labeling on kefir smoothies is fighting to convince a California federal judge not to dismiss the suit, saying the group has met the pleading standards for this stage of the case.
Lifeway Foods Inc. was hit with a putative class action Wednesday in California federal court alleging consumers were duped into purchasing its products, including its line of kefir smoothies, because they were labeled as containing evaporated cane juice instead of sugar.