Nutiva Wants ‘Healthy’ Coconut Oil Class Action Dismissed

Nutiva Inc. moved to dismiss a class action lawsuit alleging the company misrepresented its coconut oil products as healthy.

Lead plaintiff Preston Jones alleged in his class action lawsuit that Nutiva falsely marketed various products derived from coconut oil as healthy even though coconut oil has a high saturated fat content.

The plaintiff claimed in his class action that he relied on Nutiva’s ads that said its Organic Virgin Coconut Oil was a healthy alternative to butter because it has less cholesterol, but the amount of fat in the coconut oil actually makes it unhealthy.

In September, Nutiva said the class action should be dismissed because the plaintiff didn’t actually buy the coconut oil and a federal judge agreed.

Another plaintiff, Shirin Delalat, was added to the class action but Nutiva argues that the new plaintiff also did not purchase Nutiva’s Refined Coconut Oil.

“By not having ever purchased the Refined product, neither Jones or Delalat possess standing to assert claims that Nutiva’s Refined Coconut Oil [is] likely to deceive or mislead a reasonable consumer,” said the company in its motion to dismiss the class action. “Delalat’s addition to the case does not salvage this claim.”

Nutiva also argues that the class action should be dismissed because neither plaintiff has indicated they will purchase any Nutiva coconut oil products in the future.

“Plaintiffs lack Article III standing to assert any injunctive relief claims in this case because they have not alleged that they intend to purchase the challenged Nutiva Coconut Oil products again in the future,” said Nutiva in its motion.

Additionally, the company argues that the plaintiff doesn’t establish that reasonable consumers would think the coconut oil products are healthier than butter. Further, the plaintiffs did not describe what marketing or advertisements made them think that the coconut oil would be healthier, said Nutiva.

“No reasonable consumer purchases any food product thinking that it would only have ‘positive contributions to health,’” continued Nutiva.

Nutiva further contends that the plaintiffs can’t rely on statements made on the coconut oil’s packaging to support their claims of false advertising.

“Delalat’s reliance on the statement ‘World’s Best Cooking Oil’ is entirely unreasonable because, even when taken into context with the entire label, this statement constitutes classic non-actionable puffery,” Nutiva says.

The class action plaintiffs argued that Nutiva violated federal and state food labeling regulations by including nutrient content information on various products, including Nutiva extra virgin, virgin, and refined coconut oils. The plaintiffs allege that Nutiva violated California’s Unfair Competition Law, California’s False Advertising Law and the Consumers Legal Remedies Act.

Jones is represented by Jack Fitzgerald, Trevor Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC, and Paul Joseph of the Law Office of Paul K. Joseph PC.

The Nutiva Coconut Oil False Advertising Class Action Lawsuit is Preston Jones v. Nutiva Inc., Case No. 3:16-cv-00711, in the U.S. District Court for the Northern District of California.