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A United States federal judge has thrown out a proposed class action lawsuit against Kellogg’s filed by a consumer who claimed that the company’s Bear Naked Granola V’nilla product did not contain vanilla derived from real vanilla beans.
U.S. District Judge Roger T. Benitez opined that the plaintiff, Harlan Zaback, provided no proof of his allegation and did not say where the vanilla flavor comes from.
The judge said that the Zaback’s complaint makes only two factual allegations that the product is not flavored with vanilla flavoring derived exclusively from vanilla beans. First, the judge notes that Zaback looked at the ingredients list and saw that the product was flavored with “natural flavors.” Second, the plaintiff stated that, if the granola was made with vanilla flavoring derived exclusively from vanilla beans, Kellogg’s would not have used the term “natural flavors.” However, these allegations were insufficient, according to the judge.
“Plaintiff alleged the Product does not contain ‘vanilla flavoring derived exclusively from vanilla beans’ but provides no factual basis for this argument other than the lack of vanilla’s inclusion on the ingredients list,” Judge Benitez opined regarding the Bear Naked granola class action lawsuit.
In addition, the judge noted that the plaintiff’s class action lawsuit does not allege a violation of FDA regulations and thus fails to state a claim pursuant to the causes of action.
In his Bear Naked class action lawsuit filed in December 2019, Zaback claims that the Bear Naked Granola Fit V’nilla Almond product was not made with vanilla flavor derived exclusively from real vanilla beans. He says that if he had known the truth, he would not have purchased the product or would have paid less for it.
According to the Kellogg’s class action lawsuit, Zaback says that he relied on numerous illustrations and representations on the packaging, including the use of the word “V’nilla” on the front and pack of the package, a vignette of vanilla beans with only the word “Vanilla” below it on the package, and the words “natural flavors” in the package’s ingredient list.
Zaback maintains that, as a result of Kellogg’s unlawful scheme, it has been able to overcharge for its Bear Naked granola, induce purchases that would otherwise not have occurred, and obtained wrongful profits. The plaintiff claims that he has suffered monetary damages as a result of Kellogg’s misconduct.
The plaintiff states that, despite being misled by Kellogg’s, he wishes to and is likely to continue purchasing Bear Naked Granola Fit V’nilla Almond in the future if it is flavored with vanilla flavoring derived exclusively from vanilla beans.
Because of the versatility, high demand, high value, and limited supply of vanilla bean crops, vanilla is constantly subject to adulteration, extension, and imitation, the Kellogg’s class action lawsuit explains.
Zaback notes that if a food contains any artificial flavor which resembles or reinforces the characterizing flavor, the name of the food on the label should be accompanied by the common or usual name of the characterizing flavor and the word(s) “artificial” or “artificially flavored.”
The plaintiff goes on to say that he purchased “Bear Naked Granola Fit V’nilla Almond” with the belief that it is flavored with vanilla flavoring derived exclusively from vanilla beans when close inspection of the ingredient list shows otherwise.
“’Bear Naked Granola Fit V’nilla Almond’ does not identify vanilla extract or vanilla flavoring as the flavoring source for its vanilla flavor, despite vanilla constituting a ‘characterizing flavor’ based on its packaging, along with ‘almond,’” the Bear Naked class action lawsuit maintains.
Zaback claims that vanilla flavor in the product derived from any other source other than the vanilla bean must be labeled as an artificial flavor, but it is not in Bear Naked products. He states that nowhere on the packaging does it disclose that the product is flavored with anything other than vanilla flavoring derived exclusively from vanilla beans.
“Bear Naked Granola Fit V’nilla Almond” packaging is misleading because it is marketed as if it is flavored with vanilla flavoring derived exclusively from vanilla beans as opposed to other granola products marketed similarly but that actually are flavored with vanilla flavoring derived exclusively from vanilla beans, the plaintiff concludes.
“Where two similarly labeled products are situated in the same category or section of a store and their representations as to quality are identical, yet one is lacking the quantity of the characterizing ingredient (vanilla) or qualities, the reasonable consumer will be deceived,” Zaback notes.
Zaback says that because of its misleading business practice, Kellogg’s should be enjoined from deceptively representing that “Bear Naked Granola Fit V’nilla Almond” is made with vanilla flavoring derived exclusively from vanilla beans.
Although Zaback’s claims were dismissed, he will have the chance to amend his Bear Naked class action lawsuit and try again.
Did you purchase “Bear Naked Granola Fit V’nilla Almond” thinking that it was made with real vanilla? Leave a message in the comments section below.
The plaintiff is represented by Eric LaGuardia of LaGuardia Law APC and Devon K. Roepcke of Law Offices of Devon L. Roepcke PC.
The Kellogg Bear Naked Class Action Lawsuit is Zaback v. Kellogg Sales Company, et al., Case No. 3:19-cv-02327-CAB-BGS, in the U.S. District Court for the Southern District of California.
35 thoughts onBear Naked Granola Class Action Lawsuit Tossed
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Why pay more to purchase better products only to find out it doesn’t exits
I purchased that all the time It goes great in my yogurt in my cereal in the top of my ice cream please add me thank you very much