February 27, 2014
Authored by: James Smith
Two recent district court decisions emphasize that food labeling class action defendants must carefully review complaints to identify what each named plaintiff contends it reviewed and whether the allegedly deceptive statements even affected the named plaintiff’s decision to purchase a product. As you might imagine, plaintiffs often string together unrelated allegations that have nothing to do with their purchases. If a defendant connects the dots and shows just how unrelated those allegations are, you have a much better chance of succeeding early in the case.
The first case involves five gallon bottled water that is municipal tap water that the seller put through a purification process. In The Chicago Faucet Shoppe, Inc. v. Nestle Waters North America, Inc., No. 12 C 08119 (N.D. Ill. 2/11/14), the plaintiff alleged that the defendant failed to disclose that the water is municipal tap water and not natural spring water.