Consumers Fight To Keep Alive 'Fresh-Baked' Bread Ad Claims

By Brandon Lowrey (August 6, 2015, 5:30 PM EDT) -- A group of plaintiffs urged a New Jersey federal judge Wednesday to keep alive its claims in a trio of lawsuits alleging Whole Foods Market Group Inc. and two other market chains falsely advertised "fresh-baked" bread, saying the court shouldn't toss the class allegations so early in the case.

The plaintiffs argued that if U.S. District Judge Joseph E. Irenas were to strike the claims from the complaints, as his recent sua sponte order to show cause indicated he would, it would be an abuse of discretion because the claims aren't "redundant, immaterial, impertinent or scandalous."

"The current case at bar...

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