Geraldine’s Cookies False Ad Class Action Settlement May Be in the Works

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

After a Florida federal judge in September refused to dismiss a class action lawsuit alleging Bodacious Food Co. falsely advertised its Geraldine’s Cookies products as “all natural,” it appears as if the parties may be working towards a settlement.

Last week, the plaintiff’s attorneys notified the court that the parties have agreed to meet with a mediator in effort to resolve the false advertising class action lawsuit. Although a date has not yet been set for the meeting, the parties indicated that they would update the court as soon as the mediation session is scheduled.

Plaintiff Linda Dye filed the Geraldine’s Cookies class action lawsuit in May, alleging that the use of the term “natural” on the label violated Florida’s Deceptive and Unfair Trade Practices Act and Magnuson-Moss Warranty Act because the cookies actually contain genetically modified or synthetic ingredients such as sugar, corn starch, canola oil, citric acid and dextrose.

According to the false advertising class action lawsuit, Dye relied on the “All Natural” statement on the product’s label when she made the decision to purchase Geraldine’s Italian Wedding Cookies for $3.79 from Publix Super Market in Palm Beach Gardens, Fla. She says she would not have purchased Geraldine’s Cookies if she had known the product contained unnatural ingredients.

In September, U.S. District Judge William P. Dimitrouleas denied a bid by Bodacious to dismiss the Geraldine’s Cookies class action lawsuit, finding that the U.S. Food and Drug Administration’s refusal to clarify the use of the term “natural” as applied to food products did not prevent judges from interpreting food labeling laws.

“The FDA is free to promulgate regulations governing the term ‘natural’ but has not done so,” Judge Dimitrouleas wrote. “Judges have experience interpreting terms in conjunction with parties’ disputes, and the prospect of interpreting the term ‘all natural’ does not fall outside of that conventional experience.”

While Bodacious sought to dismiss the false advertising class action lawsuit because it included all ingredients on the box, Judge Dimitrouleas found that it was plausible that a customer reading the “natural” label on food products could conclude that ingredients such as synthetic or genetically modified cornstarch or sugar aren’t artificial.

“Defendant has raised no argument warranting dismissal of Plaintiff’s claims,” Judge Dimitrouleas concluded. “Although it is unclear whether any deceptive acts, unfair practices, misrepresentations, unjust enrichment, or breaches of warranties will be proven based on the words ‘all natural’ on cookie boxes or, alternatively, if Plaintiffs will fail to establish liability as the litigation proceeds, the allegations, if true, state valid causes of action at this pleading stage.”

A jury trial has been scheduled for Feb. 8, 2016.

Further information about the status of the Geraldine’s Cookies class action lawsuit was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

Dye is represented by Michael Thomas Fraser of The Law Offices of Howard W. Rubinstein PA, and Michael J. Pascucci and Joshua H. Eggnatz of the Eggnatz Law Firm PA.

The Geraldine’s Cookies ‘All Natural’ Class Action Lawsuit is Linda Dye v. Bodacious Food Co., Case No. 9:14-cv-80627, in the U.S. District Court for the Southern District of Florida.