Jenner & Block won a victory for Kellogg's when a judge in the Northern District of California dismissed a consumer class action complaint alleging that Kellogg's mislabeled its MorningStar Farms vegetarian products as "veggie." The plaintiffs claimed that the labeling was misleading because the products contain only grains and no vegetables. But Judge William Orrick III agreed with the firm's argument that the claims were implausible because a reasonable consumer would interpret the term "veggie" to refer not to the presence of vegetables, but rather to indicate that the products are vegetarian and to differentiate them from meat-based counterparts.
In dismissing the lawsuit, the court found that this was "one of the rare cases" in which a court could conclude that the labeling was not deceptive as a matter of law.And the court was unmoved after the plaintiff amended her complaint to incorporate findings of a consumer survey that purported to show that other consumers shared her interpretation of the term "veggie." Judge Orrick granted our second motion to dismiss, found that her interpretation of "veggie" was implausible, and dismissed her lawsuit with prejudice.
Partner Kate T. Spelman made the successful oral argument leading to dismissal. Others on the team representing Kellogg's included Partners Alexander M. Smithand Dean N. Panos. Senior Paralegal Jessica Merkouris and Junior Paralegal Christal Oropeza provided invaluable support.
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