Kirkland Signature False Ad Class Action Lawsuit Trimmed

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On Nov.12, a California federal judge dismissed two claims in an ongoing Kirkland food line false advertisement class action lawsuit that alleges Costco Wholesale Corp. misleads consumers by mislabeling food products in the retailer’s Kirkland Signature food line.

U.S. District Judge Beth Labson Freeman ruled that plaintiff Lisa Liddle could not show proof that Kirkland Signature Whole Dried Blueberries, Bolthouse Farms Organic 100% Carrot Juice, and other Kirkland food line products named in the class action lawsuit were unsafe for human consumption.

By failing to prove the Costco food products are not unsafe for human consumption, Liddle did not meet the pleading requirements to claim Costco violated implied warranty of merchantability, according to Judge Freeman’s order to partially dismiss the false ad class action lawsuit.

Additionally, Liddle could not show that Costco committed negligent misrepresentation by allegedly listing evaporated cane juice instead of sugar on the Kirkland Signature Organic Chocolate Reduced Fat Milk or by allegedly labeling non-natural Kirkland food line products as natural, the judge wrote.

In order for Liddle’s negligent misrepresentation claim to stick in this Kirkland class action lawsuit, she would have to demonstrate that Costco positively asserted the alleged misrepresentation of their Kirkland food line products. According to the judge’s ruling, Liddle was not “able to cite in her opposition to defendant’s motion a single specific paragraph that included any such affirmative misrepresentation.” Simply neglecting to inform consumers that the Kirkland food products do not comply with U.S. Food and Drug Administration (FDA) labeling requirements does not demonstrate that Costco negligently misrepresented its brand name products.

Although Judge Freeman did grant Costco’s motion to dismiss these two causes of action from the Kirkland food line false ad class action lawsuit, this decision does not dismiss the complaint as a whole.

The original Kirkland food line class action lawsuit was filed in June 2012 by lead plaintiff Karen Thomas, though Liddle joined the suit in an amended complaint later that year. In her false ad class action lawsuit, Thomas alleged Costco mislabeled the Kirkland Signature Kettle Brand Potato Chips as a zero gram trans fat product, even though the chips allegedly still contained other kinds of fats.

In an amended Kirkland food line false ad class action lawsuit, Thomas and Liddle jointly alleged eight other Costco brand name products were mislabeled because they listed evaporated cane juice as an ingredient. This alleged mislabeling claim has been stayed by the court as the FDA has decided to revisit their ruling on the use of the term “evaporated cane juice.”

Other products included in the Kirkland food line false ad class action lawsuit include Whole Dried Blueberries, Cashew Clusters with Almonds and Pumpkin Seeds, Canola Oil Cooking Spray, Newman’s Own 100% Grape Juice, Real Sliced Fruit – Fuji Apple, Strawberry Banana, and Fuji Apple with Cinnamon, and Ancient Grains Granola with Almonds. Thomas and Liddle allege all of these Costco brand products have been mislabeled with the intent of misleading consumers.

Plaintiff Karen Thomas and Lisa Liddle are represented by Ben F. Pierce Gore of Pratt & Associates, David Malcolm McMullan Jr. of Don Barrett PA, and Guy Gladstone Fisher.

The Kirkland Food Line False Ad Class Action Lawsuit is Thomas, et al. v. Costco Wholesale Corporation, Case No. 5:12-cv-02908, in the U.S. District Court for the Northern District of California.