Kellogg Gets 2nd Win In Vanilla Flavor False Ad Suit

By Mike Curley (October 30, 2020, 4:58 PM EDT) -- A California federal judge has once again dismissed a proposed class suit alleging Kellogg Sales Co. misleads consumers on the vanilla content of its granola bars, saying the buyer leading the case still hasn't alleged facts to support his claim.

In an order filed Thursday, U.S. District Judge Roger T. Benitez threw out for the second time claims by Harlan Zaback, saying the company's supposed "admission" in a motion to dismiss does not suffice to back up Zaback's allegation that the company does not use enough vanilla plant in its products to justify its labeling.

"Zaback still offers no factual allegations...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!