Case 2:22-cv-00644-TLN-KJN Document 1 Filed 04/11/22 Page 1 of 39
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`BURSOR & FISHER, P.A.
`L. Timothy Fisher (State Bar No. 191626)
`1990 North California Boulevard, Suite 940
`Walnut Creek, CA 94596
`Telephone: (925) 300-4455
`Facsimile: (925) 407-2700
`E-Mail: ltfisher@bursor.com
`
`Counsel for Plaintiff
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`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF CALIFORNIA
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` Case No.
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`CLASS ACTION COMPLAINT
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`Plaintiff,
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`JOI BUTTS, individually and on behalf of all
`others similarly situated,
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`
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`v.
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`CIBO VITA, INC.,
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`Defendant.
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`CLASS ACTION COMPLAINT
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`Case 2:22-cv-00644-TLN-KJN Document 1 Filed 04/11/22 Page 2 of 39
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`Plaintiff, Joi Butts (“Plaintiff”), brings this action on behalf of herself, and all others
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`similarly situated against Defendant Cibo Vita, Inc. (“Defendant”). Plaintiff makes the following
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`allegations pursuant to the investigation of her counsel and based upon information and belief,
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`except as to the allegations specifically pertaining to herself, which are based on personal
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`knowledge:
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`NATURE OF THE ACTION
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`1.
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`This action seeks to remedy the deceptive and misleading business practices of
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`Defendant with respect to the marketing and sales of a number of its trail mix products under the
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`Nature’s Garden brand, including Nature’s Garden Heart Healthy Trail Mix, Nature’s Garden
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`Omega-3 Deluxe Mix, and Nature’s Garden Cranberry Health Mix (collectively the “Products”).
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`2.
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`Excessive consumption of added sugar has consistently been found to increase the
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`risk of several medical conditions, including but not limited to, heart disease, diabetes, obesity, high
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`cholesterol, and hypertension.
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`3.
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`Despite the evidence, which Defendant is well aware of, Defendant engages in a
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`pervasive marketing campaign, advertising its high-sugar trail mix Products with health and wellness
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`claims that the Products are “heart healthy.” Defendant makes these misrepresentations to increase
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`the price and sales of its Products. However, these claims are deceptive and misleading because they
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`incompatible with the known dangers of excessive sugar consumption.
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`4.
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`As a direct and proximate result of Defendant’s false and misleading advertising
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`claims and marketing practices, Defendant has caused Plaintiff and the members of the putative
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`Class to purchase Products that do not live up to their representations. Plaintiff and other similarly
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`situated consumers have been harmed in the amount they paid for the Products.
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`5.
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`Plaintiff seeks relief in this action individually, and on behalf of all purchasers of the
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`Products for violations of the California Consumers Legal Remedies Act (“CLRA”), Civil Code §§
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`CLASS ACTION COMPLAINT
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`Case 2:22-cv-00644-TLN-KJN Document 1 Filed 04/11/22 Page 3 of 39
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`1750, et seq., Unfair Competition Law (“UCL”), Bus. & Prof. Code §§ 17200, et seq., False
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`Advertising Law (“FAL”), Bus. & Prof. Code §§ 17500, et seq., breach of express warranty, breach
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`of implied warranty of merchantability, and for unjust enrichment.
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`JURISDICTION AND VENUE
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`6.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(d)(2)(A), as
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`modified by the Class Action Fairness Act of 2005, because at least one member of the Class, as
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`defined below, is a citizen of a different state than the Defendant, there are more than 100 members
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`of the Class, and the aggregate amount in controversy exceeds $5,000,000.00 exclusive of interest
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`and costs.
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`7.
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`This Court has personal jurisdiction over Defendant because Defendant conducts and
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`transacts business in the State of California, contracts to supply goods within the State of California,
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`and supplies goods within the State of California.
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`8.
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`Venue is proper because Plaintiff and many Class Members reside in the Eastern
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`District of California and Defendant sells their Products throughout the Eastern District of
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`California.
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`PARTIES
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`9.
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`Plaintiff Joi Butts is an individual consumer who, at all times material hereto, was a
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`citizen of California residing in Solano County.
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`10. Ms. Butts made several purchases of Defendant’s Products, including Nature’s
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`Garden Cranberry Health Mix and Nature’s Garden Heart Healthy Mix. Before purchasing the
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`Products, Ms. Butts reviewed information about the Products, including Defendant’s representations
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`on packaging labels that the Products were “heart healthy.” When purchasing the Products, Ms.
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`Butts also reviewed the accompanying labels, disclosures, warranties, and marketing materials, and
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`understood them as representation and warranties by Defendant that the Products were “heart
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`CLASS ACTION COMPLAINT
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`healthy.”
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`11. Ms. Butts relied on Defendant’s false, misleading, and deceptive representations and
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`warranties about the Products in making her decision to purchase the Products. Accordingly, these
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`representations and warranties were part of the basis of the bargain, in that she would not have
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`purchased the Products had she known Defendant’s representations were not true. Defendant’s
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`Products are not “heart healthy” due to the excessive amounts of added sugar.
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`12. Ms. Butts has made countless purchases of the Products throughout the Class Period.
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`Had Ms. Butts known the truth—that the representations she relied upon in making her purchase
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`were false, misleading, and deceptive—she would not have purchased the Products. Ms. Butts did
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`not receive the benefit of the of her bargain, because Defendant’s Products are not “heart healthy.”
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`Ms. Butts understood that each purchase involved a direct transaction between herself and
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`Defendant, because her Products came with packaging, labeling, and other materials prepared by
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`Defendant, including representations and warranties regarding the advertised claims. Ms. Butts
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`would be interested in purchasing Defendant’s Products in the future if the representations about the
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`Products being “heart healthy” were true.
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`13.
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`Defendant Cibo Vita, Inc. is a corporation with a principal place of business in
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`Totowa, New Jersey. Defendant manufactures, markets, and advertises and distributes the Products
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`throughout the United States, including California. Defendant manufactured, marketed, and sold the
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`Products during the relevant class period.
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`FACTUAL BACKGROUND
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`14.
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`Nature’s Garden’s Products are sold nationwide at a variety of retail chains, including
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`Costco and Walmart, as well as many online retailers, such as Amazon.
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`15.
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`As explained in detail below, Defendant makes numerous false and misleading health
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`and wellness claims regarding the Products.
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`CLASS ACTION COMPLAINT
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`Case 2:22-cv-00644-TLN-KJN Document 1 Filed 04/11/22 Page 5 of 39
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`Nature’s Garden Heart Healthy Trail Mix
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`16.
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`The packaging for Nature’s Garden Heart Healthy Trail Mix represents that it is
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`“heart healthy”:
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`17.
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`Defendant markets its Product as “heart healthy,” as shown above, despite being
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`aware of the numerous negative health complications that can arise from consuming excessive
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`amounts of added sugar.
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`CLASS ACTION COMPLAINT
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`18.
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`Instead, the front packaging only provides that it is a trail mix that contains a “blend
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`of walnuts, black raisins, cranberries, almonds, pumpkin seeds and dark chocolate chunks.”
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`19.
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`The back of the Product’s packaging contains similar “heart healthy” claims:
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`20.
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`Defendant describes the presence of cranberries and raisins as “a sweet and delicious
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`way to consume more fruit throughout the day.”
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`21.
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`Defendant makes this representation of the fruit despite it being one of the main
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`sources of added sugar in the Product.
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`CLASS ACTION COMPLAINT
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`22.
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`One twenty-six-ounce package of Nature’s Garden Heart Healthy Trail Mix contains
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`a total of 250 grams of sugar, including 125 grams of added sugar. One serving of Defendant’s
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`Heart Healthy variety is a mere ¼ cup, which is roughly one handful of trail mix. Defendant
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`represents that one serving constitutes 10 grams of total sugar, including 5 grams of added sugar.
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`Nature’s Garden Omega-3 Deluxe Mix
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`23.
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`The packaging for Nature’s Garden Omega-3 Deluxe Mix represents that it is “heart
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`healthy”:
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`CLASS ACTION COMPLAINT
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`24.
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`Defendant markets its Product as “heart healthy,” as shown above, despite being
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`aware of the numerous negative health complications that can arise from consuming excessive
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`amounts of added sugar.
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`25.
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`Instead, the front packaging only provides that it is a trail mix that contains a “blend
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`of almonds, pecans, walnuts, cranberries, pistachios and pepitas.”
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`26.
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`The back of the Product’s packaging contains similar “heart healthy” claims:
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`CLASS ACTION COMPLAINT
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`27.
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`Defendant describes the presence of cranberries as “a sweet and delicious way to
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`consume more fruit throughout the day.”
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`28.
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`Defendant makes this representation of the cranberries despite it being one of the
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`main sources of added sugar in the Product.
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`29.
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`One twenty-six-ounce package of Nature’s Garden Omega-3 Deluxe Mix Trail Mix
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`contains a total of 220 grams of sugar, including nearly 200 grams of added sugar. One serving of
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`Defendant’s Omega-3 variety is a mere ¼ cup, which is roughly one handful of trail mix. Defendant
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`represents that one serving constitutes 10 grams of total sugar, including 9 grams of added sugar.
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`Nature’s Garden Cranberry Health Mix
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`30.
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`The packaging for Nature’s Garden Cranberry Health Mix represents that it is “heart
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`healthy”:
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`CLASS ACTION COMPLAINT
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`31.
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`Defendant markets its Product as “heart healthy,” and a “health mix,” as shown
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`above, despite being aware of the numerous negative health complications that can arise from
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`consuming excessive amounts of added sugar.
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`32.
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`Instead, the front packaging only provides that it is a trail mix that contains a “blend
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`of cranberries, walnuts, almonds, black raisins, golden raisins, peanuts, pepitas, and sunflower
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`seeds.”
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`33.
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`The back of the Product’s packaging contains similar “heart healthy” claims:
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`CLASS ACTION COMPLAINT
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`34.
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`Defendant describes the presence of cranberries and raisins as “a sweet and delicious
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`way to consume more fruit throughout the day.”
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`35.
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`Defendant makes this representation of the fruit despite it being one of the main
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`sources of added sugar in the Product.
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`36.
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`One twenty-two-ounce package of Nature’s Garden Cranberry Healthy Trail Mix
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`contains a total of 180 grams of sugar, including 80 grams of added sugar. One serving of
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`Defendant’s Cranberry Health variety is a mere ¼ cup, which is roughly one handful of trail mix.
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`Defendant represents that one serving constitutes 9 grams of total sugar, including 4 grams of added
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`sugar.
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`Recommended Daily Sugar Intake
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`37.
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`Due to the various health concerns associated with excess added sugar consumption,
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`the American Heart Association (“AHA”) recommends that adult women consume no more than 100
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`calories per day of added sugar and that adult men consume no more than 150 calories per day of
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`added sugar.1
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`38.
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`One gram of added sugar contains approximately 4 calories.2 Therefore, an adult
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`woman should consume no more than 25 grams of added sugar per day, an adult man should
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`consume no more than 38 grams of added sugar per day, and a child should consume no more than
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`12 grams of added sugar per day.
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`39.
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`Similar recommendations for limited added sugar intake have been made by the
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`1 American Heart Association, Added Sugars, https://www.heart.org/en/healthy-living/healthy-
`eating/eat-smart/sugar/added-
`sugars#:~:text=The%20Ingredient%20with%20Many%20Different%20Names&text=There%20you
`%20will%20see%20%E2%80%9Cadded,not%20counting%20the%20other%20ingredients.
`2 Id.
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`CLASS ACTION COMPLAINT
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`World Health Organization.3
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`40.
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`Importantly, serving size recommendations do not always accurately reflect the
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`quantities products are consumed in. Defendant is well aware that consumers typically eat more
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`than the suggested serving size. In fact, consumers typically consume three to four servings of trail
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`mix in one sitting.4
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`41.
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`Any child who consumes any of Defendant’s Products will exceed their
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`recommended daily added sugar intake from only two or three handfuls of trail mix.
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`42.
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`Plaintiff, as well as countless members of the putative class, would exceed their daily
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`recommended added sugar intake from eating only three handfuls (three servings) of Defendant’s
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`Omega-3 Deluxe Mix.
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`43.
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`Plaintiff, as well as countless members of the putative class, would consume
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`approximately half of their daily recommended added sugar intake from eating only three handfuls
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`(three servings) of Defendant’s Heart Healthy Trail Mix and Defendant’s Cranberry Health Mix.
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`Because of the prevalence of added sugar in the American diet, this would all but guarantee that
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`consumers will exceed their daily recommended added sugar intake.5 This is true even for those
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`seeking to avoid added sugar.
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`44.
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`This is increasingly problematic for those who consume Defendant’s Product(s) on a
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`nearly daily basis, believing the Products to be a “healthy” snack.
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`45.
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`Consumers exceedingly rely on companies, like Defendant, in making informed
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`3 World Health Organization, WHO calls on countries to reduce sugars intake among adults and
`children, https://www.who.int/news/item/04-03-2015-who-calls-on-countries-to-reduce-sugars-
`intake-among-adults-and-
`children#:~:text=A%20new%20WHO%20guideline%20recommends,would%20provide%20additio
`nal%20health%20benefits.
`4 Is Trail Mix Actually Healthy?, Brandon Hall; https://www.stack.com/a/is-trail-mix-actually-
`healthy/#:~:text=Most%20people%20go%20well%20above,and%2028%20grams%20of%20sugar.
`5 The sweet danger of sugar, Harvard Health Publishing; https://www.health.harvard.edu/heart-
`health/the-sweet-danger-of-sugar#:~:text=%22The%20effects%20of%20added%20sugar,Hu.
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`CLASS ACTION COMPLAINT
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`Case 2:22-cv-00644-TLN-KJN Document 1 Filed 04/11/22 Page 13 of 39
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`decisions for healthy eating.
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`Scientific Evidence Shows That Excessive Sugar Consumption Leads To Health Complications
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`46.
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`Consuming sugar from whole foods, like fruits and vegetables, does not present the
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`same health risks as the consumption of added sugar.6 This is mainly due to the way in which the
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`sugar from these natural sources is metabolized.7
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`47.
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`Conversely, diets high in added sugar consumption have been shown to lead to
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`numerous health complications, including but not limited to heart disease, diabetes, obesity, high
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`cholesterol, and hypertension.
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`Heart Disease
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`48.
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`According to the Centers for Disease Control and Prevention (“CDC”), heart disease
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`is the leading cause of death in the United States.8
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`49.
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`Several studies have examined the relationship between diets high in added sugar
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`consumption and heart disease.
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`50.
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`Such studies have found an “observed association between usual percentage of
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`calories from added sugar and increased risk of [cardiovascular disease] mortality was largely
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`consistent across age group, sex, race/ethnicity [], educational attainment, [and] activity level.”9
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`51.
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`Data obtained from the National Health and Nutrition Examination Survey over a
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`fifteen-year period found that those who consumed between 10% - 24.9% of their calories from
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`added sugar had a 30% greater risk of cardiovascular disease mortality compared to those who
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`6 Id.
`7 Id.
`8https://www.cdc.gov/heartdisease/index.htm#:~:text=Heart%20disease%20is%20the%20leading,ca
`n%20lead%20to%20heart%20attack.
`9 Added Sugar Intake and Cardiovascular Diseases Mortality Among US Adults, Quanhe Yang,
`PhD, et al.; https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1819573
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`CLASS ACTION COMPLAINT
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`consumed 5% or less of their calories from added sugar.10
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`52.
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`Additionally, several risk factors that contribute to heart disease include diabetes,
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`obesity, high cholesterol, and hypertension.11
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`Diabetes
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`53.
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`54.
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`Diabetes is the seventh leading cause of death in the United States.12
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`The National Diabetes Statistics Report has estimated that 37.3 million Americans
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`have diabetes.13 An additional 96 million American adults have prediabetes.14
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`55.
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`Developing diabetes has been strongly linked to diets high in added sugar.15 For
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`example, a 2010 study found that, “based on data from eight prospective cohort studies (nine data
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`points), including 310,819 participants and 15,043 cases of type 2 diabetes, participants in the
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`highest category of [sugar-sweetened beverages] intake had a 26% greater risk of developing type 2
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`diabetes than participants in the lowest category of intake.”16 Moreover, “larger studies with longer
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`durations of follow-up tended to show stronger associations.”17
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`56.
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`Similar findings have been shown in countless studies.1819
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`
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`10 Id.
`11 https://www.cdc.gov/heartdisease/facts.htm
`12 https://www.cdc.gov/diabetes/library/spotlights/diabetes-facts-
`stats.html#:~:text=37.3%20million%20Americans%E2%80%94about%201,t%20know%20they%20
`have%20it.
`13 Id.
`14 Id.
`15 https://www.healthline.com/nutrition/does-sugar-cause-diabetes#sugars-role
`16 Sugar-Sweetened Beverages and Risk of Metabolic Syndrome and Type 2 Diabetes, Vasanti S.
`Malik, SCD, et al.; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2963518/
`17 Id.
`18 Sugar-Sweetened Beverages, Weight Gain, and Incidence of Type 2 Diabetes in Young and
`Middle-Aged Women, Matthias B. Schulze, DrPH, et al.;
`https://jamanetwork.com/journals/jama/fullarticle/199317
`19 Sugar-sweetened beverages and risk of obesity and type 2 diabetes: Epidemiologic evidence,
`Frank B. Hu, MD, PhD, et al.; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2862460/
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`CLASS ACTION COMPLAINT
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`57.
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`The CDC has found that those who develop diabetes are twice as likely to have heart
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`disease than those who do not have diabetes.20 Additionally, people with diabetes are also more
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`likely to have other conditions that raise the risk of heart disease, including high cholesterol and
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`hypertension.21
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`Obesity
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`58.
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`59.
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`The CDC estimates that over 40% of Americans suffer from obesity.22
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`“Obesity related conditions include heart disease, stroke, type 2 diabetes and certain
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`types of cancers. These are among the leading causes of preventable, premature death.”23
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`60.
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`To prevent obesity, the CDC strongly encourages Americans to consume fewer added
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`sugars.24
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`61.
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`Studies have found positive correlations between sugar consumption and obesity
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`when sugar is overconsumed.25
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`62.
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`“There are epidemiological data, plausible mechanisms and clinical data from diet
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`intervention studies that provide strong support for a direct causal/contributory role of sugar in the
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`epidemics of metabolic disease, and for an indirect causal/contributory role mediated by sugar
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`consumption promoting body weight and fat gain.”26
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`63.
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`Consuming excessive amounts of added sugar can lead to increased cravings for
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`20 https://www.cdc.gov/diabetes/library/features/diabetes-and-
`heart.html#:~:text=If%20you%20have%20diabetes%2C%20you,are%20to%20have%20heart%20di
`sease.
`21 Id.
`22https://www.cdc.gov/obesity/data/adult.html#:~:text=The%20US%20obesity%20prevalence%20w
`as,from%2030.5%25%20to%2042.4%25.
`23 Id.
`24 https://www.cdc.gov/nutrition/data-statistics/added-sugars.html
`25 The Dose Makes the Poison: Sugar and Obesity in the United States—a Review, Samir Faruque, et
`al.; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6959843/
`26 Sugar consumption, metabolic disease and obesity: The state of the controversy, Kimber L.
`Stanhope; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4822166/
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`CLASS ACTION COMPLAINT
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`sugar, leading to cycles of overeating.27
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`64.
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`Although obesity can have many causes, consuming excessive amounts of added
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`sugar is widely believed to be a leading source.28
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`High Cholesterol
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`65.
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`66.
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`The CDC estimates that nearly 40% of American adults have high cholesterol.29
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`“Too much cholesterol puts you at risk for heart disease and stroke, two leading
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`causes of death in the United States.30
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`67.
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`Dr. Haitham Ahmed, a preventative cardiologist, explained that “[s]ugar has
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`deleterious effects on the heart, and it’s important to be aware of them.”31
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`68.
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`Diets high in added sugar can increase your “bad” cholesterol and decrease your
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`“good” cholesterol, which can contribute to heart disease.32
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`69.
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`These findings have been supported by several clinical studies.3334
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`Hypertension
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`70.
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`“High blood pressure (hypertension) is a common condition in which the long-term
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`force of the blood against your artery walls is high enough that it may eventually cause health
`
`
`27 Evidence for sugar addiction: Behavioral and neurochemical effects of intermittent, excessive
`sugar intake, Nicole M. Avena, et al.; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2235907/
`28 Obesity, Sugar and Heart Health, Chiadi E. Ndumele, M.D., M.H.S.;
`https://www.hopkinsmedicine.org/health/wellness-and-prevention/obesity-sugar-and-heart-health
`29 https://www.cdc.gov/cholesterol/index.htm
`30 Id.
`31 Why a Sweet Tooth Spells Trouble for Your Heart, Cleveland Clinic;
`https://health.clevelandclinic.org/sweet-tooth-spells-trouble-
`heart/#:~:text=Diets%20high%20in%20sugar%20make,a%20type%20of%20blood%20fat).
`32 Id.
`33 Soft Drink Consumption and Risk of Developing Cardiometabolic Risk Factors and the Metabolic
`Syndrome in Middle-Aged Adults in the Community, Ravi Dhingra, et al.;
`https://www.ahajournals.org/doi/10.1161/CIRCULATIONAHA.107.689935?url_ver=Z39.88-
`2003&rfr_id=ori:rid:crossref.org&rfr_dat=cr_pub%20%200pubmed
`34 Caloric Sweetener Consumption and Dyslipidemia Among US Adults, Jean A. Welsh, MPH, RN,
`et al.; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3045262/
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`CLASS ACTION COMPLAINT
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`problems, such as heart disease.”35
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`71.
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`72.
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`The CDC estimates that nearly half of American adults have hypertension.36
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`Several clinical studies have found that consuming too much added sugar can lead to
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`hypertension.3738
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`Federal And State Labeling Requirements
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`73.
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`Several of Defendant’s Products contain statements that violate FDA food labeling
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`regulations, which have been adopted as California’s labeling regulations pursuant to the California
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`Sherman Food, Drug, and Cosmetic Law, Cal. Health & Safety Code §§ 109875, et seq. (the
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`“Sherman Law”). See id. § 110665 (“Any food is misbranded if its labeling does not conform with
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`the requirements for nutrition labeling as set forth in Section 403(q) (21 U.S.C. Sec. 343(q)) of the
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`federal act and the regulations adopted pursuant thereto.”).
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`74.
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`Defendant’s health and wellness statements challenged herein are false and/or
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`misleading, making the Products misbranded in violation of 21 U.S.C. § 343(a). Accordingly,
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`Defendant has also violated California’s parallel provision of the Sherman Law. See Cal. Health &
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`Safety Code § 110660.
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`75.
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`Defendant’s health and wellness statements challenged herein also “fail to reveal
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`facts that are material in light of other representations made or suggested by the statement, word,
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`design, device, or any combination thereof,” in violation of 21 C.F.R. § 1.21(a)(1). Such facts
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`include the detrimental health consequences of consuming added sugars in the amounts present in
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`35 https://www.mayoclinic.org/diseases-conditions/high-blood-pressure/symptoms-causes/syc-
`20373410#:~:text=High%20blood%20pressure%20(hypertension)%20is,problems%2C%20such%2
`0as%20heart%20disease.
`36https://www.cdc.gov/bloodpressure/facts.htm#:~:text=Nearly%20half%20of%20adults%20in,are%
`20taking%20medication%20for%20hypertension.
`37 Added Sugar Intake is Associated with Blood Pressure in Older Females, Safiyah Mansoori, et al.;
`https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6770020/
`38 Sugar-Sweetened Beverage, Sugar Intake of Individuals, and Their Blood Pressure, Ian J. Brown,
`et al.; https://www.ahajournals.org/doi/10.1161/HYPERTENSIONAHA.110.165456
`
`CLASS ACTION COMPLAINT
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`the challenged Products.
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`76.
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`Defendant similarly failed to reveal facts that were “[m]aterial with respect to the
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`consequences which may result from use under the article under [both] (i) [t]he conditions
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`prescribed in such labeling [and] (ii) such conditions of use as are customary or usual,” in violation
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`of 21 C.F.R. § 1.21(a)(2). Specifically, Defendant failed to disclose the increased risk of serious
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`chronic disease likely to result from the usual consumption of its Products in the customary manner
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`(including wherein people typically consume multiple servings of trail mix in one sitting).
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`77.
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`Defendant’s implied and express health claims challenged herein also violate 21
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`C.F.R. §§ 101.14(d)(2)(ii), (iii) and (e) because, for the reasons discussed herein, the claims are not
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`“complete, truthful, and not misleading,” and many of the claims—like “heart healthy”—are not
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`“limited to describing the value that ingestion (or reduced ingestion) of the substance, as part of a
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`total dietary pattern, may have on a particular disease or health-related condition.”
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`Defendant Knowingly Violates Federal And State Laws To Increase Sales
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`78.
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`Statements that the Products are “healthy” are false and/or misleading due to their
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`high added sugar content and the consequences of consuming the Products.
`
`79.
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`Statements that the Products are “heart healthy” suggest that they are effective in
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`promoting bodily health and preventing disease.
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`80.
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`However, due to their high quantities of added sugar, consuming the Products are
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`likely to lead to heart disease, diabetes, obesity, high cholesterol, and/or hypertension.
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`81.
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`As a national food manufacturer, Defendant knows or reasonably should know about
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`the dangers of consuming high quantities of added sugar.
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`82.
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`Despite such knowledge, Defendant continues to misrepresent its Products as “heart
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`healthy,” to 1) charge consumers a price premium for the Products; 2) distinguish its Products from
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`other trail mixes in the market; and 3) increase sales and profits.
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`CLASS ACTION COMPLAINT
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`Defendant’s Disclaimer Is Insufficient
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`83.
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`Knowing that its Products are not truly “heart healthy,” Defendant places the
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`following disclaimer on the back of its Products: “Scientific evidence suggests but does not prove
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`that eating 1.5 ounces per day of most nuts as part of a diet low in saturated fat and cholesterol may
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`reduce the risk of heart disease.”
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`84.
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`Defendant may argue that the presence of this disclaimer complies with the
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`requirements of 21 C.F.R. § 101.75 and support its health claims.
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`85.
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`However, such a disclaimer is woefully inadequate, because 1) it is intentionally
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`CLASS ACTION COMPLAINT
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`placed away from the “heart healthy” representations; 2) it is intentionally provided for in fine-print
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`so that it will go unnoticed by reasonable consumers; 3) it does not appear on the front packaging
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`despite an identical “heart healthy” representation being present; and 4) the asterisk employed by
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`Defendant is not connected to several other representations on the Products, including the “Health
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`Mix,” “Heart Healthy Trail Mix,” and “Omega-3” representations.
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`86.
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`Reasonable consumers are likely to be confused as to what the asterisk relates to, as
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`Defendant provides several additional representations on the Products’ labeling:
`
`
`
`87.
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`Further, such a disclaimer is deficient, as it does not provide that “coronary heart
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`disease risk depends on many factors,” as required by 21 C.F.R. § 101.75(c)(2)(E).
`
`88.
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`Defendant designed and labeled the Products intentionally so that reasonable
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`consumers would believe the Products are “heart healthy,” despite the high levels of added sugar.
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`CLASS ACTION COMPLAINT
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`CLASS ALLEGATIONS
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`89.
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`Plaintiff brings this matter on behalf of herself and those similarly situated. As
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`detailed at length in this Complaint, Defendant orchestrated deceptive marketing and labeling
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`practices. Defendant’s customers were uniformly impacted by and exposed to this misconduct.
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`Accordingly, this Complaint is uniquely situated for class-wide resolution, including injunctive
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`relief.
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`90.
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`The Class is defined as all consumers in the United States who purchased the
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`Products during the applicable statute of limitations period. (the “Class”).
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`91.
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`Plaintiff also seeks to represent a subclass defined as all Class Members who
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`purchased the Products in California (the “California Subclass”).
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`92.
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`The Class is properly brought and should be maintained as a class action under Rule
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`23(a), satisfying the class action prerequisites of numerosity, commonality, typicality, and adequacy
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`because:
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`93.
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`Numerosity: Class Members are so numerous that joinder of all members is
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`impracticable. Plaintiff believes that there are thousands of consumers who are Class Members
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`described above who have been damaged by Defendant’s deceptive and misleading practices.
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`94.
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`Commonality: The questions of law and fact common to the Class Memb