Nabisco Newton Mislabeling Class Action Lawsuit Dismissed
By Anne Bucher
A California federal judge tossed a proposed class action lawsuit accusing Mondelez International Inc., the parent company of Nabisco, of falsely advertising its Newton cookies as containing “real fruit” even though they are made with fruit puree, finding that the plaintiff had failed to state a plausible claim.
Plaintiff Monique Manchouck filed the Nabisco Newton class action lawsuit in May, claiming that she had suffered an economic loss when she purchased Raspberry Newtons and Strawberry Newtons under the assumption they contained whole pieces of fruit. She argued that the “real fruit” label is deceptive because fruit puree is processed and not the same thing as “real fruit.” She insists she would not have purchased the products had she known they contained processed fruit puree instead of real fruit. Manchouck alleged that the packaging statement “made with real fruit” was a material representation that was likely to deceive reasonable consumers.
Nabisco filed a motion to dismiss the class action lawsuit, arguing that Manchouck failed to state a claim under Rule 12(b)(6) of the Federal Rules of Procedure. The snack maker argued that Manchouck’s claims for relief were not supported by a “reasonable” consumer standard, because reasonable consumers would not have been deceived by the Newtons product labels because the products contained exactly what they were advertised to contain.
In his decision to dismiss the Newton class action lawsuit, U.S. District Judge William Alsup found Manchouck failed to state a plausible claim. “Plaintiff has not plausibly alleged why the statement ‘made with real fruit’ would not include mechanically separated fruit puree,” he said. He found the allegation that a reasonable consumer would think that the phrase “made with real fruit” excludes fruit puree “strains credibility.”
“First, the complaint does not dispute that the cookies contain real fruits in puree form. Second, even the most narrow definition of ‘real fruit’ does not exclude fruit that has been strained or blended into pureed form,” Judge Alsup said. “Third, the packaging that said, ‘made with real fruit,’ also prominently displays a depiction of the cookies’ pureed fruit filling. Fourth, the amended complaint admits that the list of ingredients on the packaging serves notice to consumers that the products contain, ‘Raspberry Puree’ and ‘Strawberry Puree’ respectively.”
“The complaint has failed to allege why real strawberries and raspberries in their pureed form are no longer ‘real fruit.’ It is ridiculous to say that consumers would expect snack food ‘made with real fruit’ to contain only ‘actual strawberries or raspberries,’ rather than these fruits in a form amenable to being squeezed inside a Newton,” Judge Alsup said in his decision to dismiss the Nabisco Newton class action lawsuit.
Manchouck is represented by Benjamin M. Lopatin of the Law Offices of Howard W. Rubinstein PA.
The Nabisco Strawberry/Raspberry Newton False Advertising Class Action Lawsuit is Monique Manchouck v. Mondelez International Inc. dba Nabisco, Case No. 3:13-cv-02148, in the U.S. District Court for the Northern District of California.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
