Federal Judge Tosses Cup Noodles Trans Fat Class Action

Nissin Foods Company Inc. has escaped a class action lawsuit filed against the food maker over trans fat that is allegedly included in its Cup Noodles products.

Nissin Foods had argued in its motion to dismiss the Cup Noodles class action lawsuit that plaintiff Victor Guttman was not a proper class representative because he had not made a convincing case that he had been harmed by the Cup Noodles product.

In addition, Guttman also has allegedly filed several similar class action lawsuits against other companies making similar trans fat allegations, including The Quaker Oats Co., Hostess Brands Inc. and Ole Mexican Foods Inc. Guttman’s litigation history makes it doubtful that he didn’t know about the synthetic ingredient in Cup Noodles, Nissin argued in its motion to dismiss the class action lawsuit.

U.S. District Judge William Alsup, a California federal judge, said that the other class action lawsuits that Guttman has filed can be taken into account in this case.

While Guttman had said that the other class action lawsuits didn’t apply to the Cup Noodles class action lawsuit, Judge Alsup disagreed, saying that courts are able to reject claims if the legal record contradicts them.

“Guttmann’s apparent refusal to inspect Nissin’s noodles for an alleged defect despite his extensive knowledge of and concern for this particular ingredient is fatal to his claim for breach of the implied warranty of merchantability,” Judge Alsup wrote in his dismissal of the Cup Noodles trans fat class action lawsuit.

In addition, the California federal judge said that Cup Noodles never tried to hide the fact that its product contained trans fat, and Guttman was aware of this.

“Guttmann admitted that he actually did inspect some product labels to discern whether they contained dangerous trans-fats,” Judge Alsup wrote.

“It is undisputed that Nissin listed partially-hydrogenated oils among the ingredients on all of its product labels, and judicial notice has already been taken of the contents of the product labels,” he explained.

“Thus, this order finds Guttmann was keenly aware of the alleged injury he might suffer by eating Nissin’s noodles, and he knew he could have avoided any such injury caused by Nissin by simply checking the product label,” the federal judge added in dismissing the trans fat class action lawsuit. “This fact is fatal to Guttmann’s remaining claims.”

Guttman’s class action lawsuit had already been paired down in July after it was learned that the Food and Drug Administration (FDA) preempted his labeling claims. At that point, Judge Alsup only allowed the allegation that Nissin had violated California’s Unfair Competition Law to remain after Guttman admitted to filing the other trans fat class action lawsuits.

Guttman claimed under the unfair competition law that Nissin had exposed consumers to possible health side effects due to the presence of trans fat in the Cup Noodles, including heart disease, cancer and diabetes.

But Nissin countered in its motion to dismiss the Cup Noodles class action lawsuit filed in July that the California law shouldn’t be allowed to remain either since Guttman admitted to eating foods that included trans fat and was aware that there were alternatives.

Guttman said that he was still harmed by the product and that his other class action lawsuits shouldn’t keep him from being treated like any other consumer, but Judge Alsup disagreed.

“Guttmann is not a typical consumer but is a self-appointed inspector general roving the aisles of our supermarkets,” Judge Alsup wrote in his decision. “He continues on a five-year litigation campaign against artificial trans-fat and partially hydrogenated oil and has admitted that he has inspected products for those ingredients before.”

Judge Alsup also said that the class action lawsuit failed on statute of limitation grounds, which is four years, and Guttman claimed he was unaware of trans fat in Cup Noodles before 2010.

The California federal judge said that Guttman may not file an amended complaint.

Guttmann is represented by Gregory S. Weston, Melanie Persinger and Paul K. Joseph of the Weston Firm.

Nissin is represented by Stuart M. Richter, Gregory S. Korman, Andrew J. Demko and Courtnee A. Draper of Katten Muchin Rosenman LLP.

The Cup Noodles Class Action Lawsuit is Guttmann v. Nissin Foods (USA) Co. Inc., Case No. 3:15-cv-00567, in the U.S. District Court for the Northern District of California.