TroyGould’s recent class action victory on behalf of clients Ralphs Grocery Co. and The Kroger Co. was noted in the “Verdicts & Settlements” section of the August 29, 2014 issue of the Los Angeles Daily Journal. See below.
CONSUMERS LEGAL REMEDIES ACT – False Advertising
BENCH DECISION: Dismissal.
CASE NUMBER: Cody Weiss, on behalf of himself and all others similarly situated v. The Kroger Co., Ralphs Grocery Co., and Does 1 through 50, inclusive / 2:14-cv-03780-R-MRW.
COURT/DATE: USDC Central /Aug. 8, 2014.
JUDGE: Hon. Manuel L. Real.
ATTORNEYS: Plaintiff – Christopher Ridout, Caleb Marker (Ridout Lyon and Ottoson UP, Long Beach); Shafiel Karim (Law Office of Shafiel Karim, Cerritos).
Defendant – Jacob Harper, Christopher A. Lilly, Jeffrey Kramer (TroyGould, Los Angeles).
FACTS: Cody Weiss ruled a class action against The Kroger Co. and Ralphs Grocery Co. in relation to Kroger’s Sunflower Seeds product.
PLAINTIFFS CONTENTIONS: Plaintiff claimed that defendants’ Sunflower Seeds product listed the sodium content for the “edible portion” of the product. However, the listed sodium content only included what was on the seed and did not include the sodium content contained in the shell. Plaintiff alleged that this misled the consumers into believing that they were consuming less salt than they actually would be. Plaintiff alleged causes of action for violations of the California Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law.
DEFENDANTS’ CONTENTIONS: Defendants filed a motion to dismiss, arguing that plaintiff’s complaint failed to state a relief.
RESULT: The court agreed to dismiss the complaint without leave to amend.
FRIDAY. AUGUST 29. 2014