Nissin Cup Noodles Wants Trans-Fat Class Action Gone

Nissin Foods Company Inc. filed a motion to dismiss a false advertising class action lawsuit, alleging that it mislead consumers about the amount of trans-fat in their Cup Noodles products.

Lead plaintiff Victor Guttmann alleged in his class action lawsuit filed in a California federal court that the food product company misrepresented the amount of trans-fat in several of its Cup Noodles products, including Nissin’s Souper Meal with Shrimp Tomato & Garlic, Big Cup Noodles Homestyle Chicken Flavor, Cup Noodles Beef Flavor, Cup Noodles Creamy Chicken Flavor and Cup Noodles Hearty Chicken Flavor.

Guttman further alleged that artificial trans fats cause cardiovascular heart disease, diabetes, cancer, Alzheimer’s disease, and accelerates cognitive decline in diabetics. He argues that Nissan is in violation of the California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act. He is seeking an injunction barring Nissan from making the trans fats claims on its labels.

Nissin took issue with the plaintiff’s amended class action lawsuit filed in May that alleged that the “0g trans fat” claim on the front label of Nissin’s instant noodle products is misleading. In its motion, Nissin argues that it follows federal regulations when it labels its products as “0g trans fats,” when they contain small amounts of the ingredient.

Guttman “ignores that both the FDA and the USDA specifically permit the use of TFAs in packaged food products, such as the Instant Noodles, as long as they are properly disclosed,” Nissin argues in its motion.

In its motion to dismiss, Nissin also claimed that the lead plaintiff did not establish that he suffered any harm from ingesting the product, and therefore, he cannot represent the class.

Nissin also pointed out that the lead plaintiff has filed a number of lawsuits about including trans-fats in various product and should be aware of the health risks and should not have consumed their product if he was concerned.

“Does Guttmann allege an Article III injury-in-fact if he bought the Instant Noodles when he knew about the existence of the TFAs and the supposed dangers of them for more than four years before he filed this lawsuit?” Nissan says in it’s motion.

“Although he alleges he first learned about the health risks of TFAs in 2014,” Nissin continues, “Guttmann has been filing virtually identical cases against other food manufacturers since 2010.”

“Nissin Foods’ products was fully disclosed, lawful, and easily avoidable, particularly to someone who has been filing lawsuits alleging that TFAs [trans-fats] are harmful for the past several years,” Nissin added.

Additionally, according to Nissin’s motion to dismiss, the lead plaintiff does not claim that he’s suffered any health problems or that his cholesterol levels are high.

Lead plaintiff, Victor 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 Nissin Cup Noodles Trans-Fat Labeling Class Action Lawsuit case is Guttmann v. Nissin Foods (USA) Company Inc., Case No. 3:15-cv-00567, in the U.S. District Court for the Northern District of California.