Tag: reasonable consumer

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Kind, LLC Wins a Decisive Victory in an “All Natural” Case When Plaintiffs Failed to Prove that Reasonable Consumers Had A Specific Understanding of “All Natural” That Rendered Kind’s Labels Misleading
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Annie’s Hops Away from Proposed Slack-Fill Class Action

Kind, LLC Wins a Decisive Victory in an “All Natural” Case When Plaintiffs Failed to Prove that Reasonable Consumers Had A Specific Understanding of “All Natural” That Rendered Kind’s Labels Misleading

By: Matthew G. Ball

Energy bar-maker Kind, LLC (“Kind”) has won a decisive victory in a multidistrict litigation matter pending in the Southern District of New York.  In re Kind LLC “Healthy and All Natural Litigation”, No. 15-MD-2645 (NRB) (September 9, 2022) (“Order”).  In the Kind Order, the district court made various rulings – of which the consumer class action defense bar should take note.  Before the Court were Kind’s Motions for Summary Judgment, to exclude Plaintiffs’ experts, and to decertify the class.  Kind ran the table, with the Court granting all three motions, and giving defense counsel a roadmap to victory in similar cases.  

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Annie’s Hops Away from Proposed Slack-Fill Class Action

By: Ashley Song

Summary: Annie’s, Inc. recently defeated a proposed class action that alleged its tropical-flavored bunny-shaped fruit snacks contained non-functional slack-fill and therefore misled consumers as to the amount of product contained therein.

Key Takeaways: Annie’s, Inc. defeated a proposed class action in the Southern District of New York that alleged that its tropical-flavored bunny-shaped fruit snacks (“Fruit Snacks”) deceived consumers by containing “non-functional slack-fill” (i.e., unnecessary empty space) and misled consumers as to the amounts of snacks contained in each package.

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