Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 1 of 26
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Sylvia Koh and David Green, on behalf of
`themselves and all others similarly situated,
`
`20-4425
` Case No. _________________
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`Plaintiffs,
`
`v.
`
`CLASS ACTION COMPLAINT
`
`DEMAND FOR JURY TRIAL
`
`THE KRAFT HEINZ COMPANY,
`
`Defendant.
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`Plaintiffs David Green, a resident of Los Angeles County, California, and Sylvia Koh, a
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`resident of San Mateo County, California (“Plaintiffs”) individually and on behalf of other
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`similarly situated individuals, by and through their counsel, hereby bring this action against
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`Defendant The Kraft Heinz Company (“Kraft” or “Defendant”) regarding the deceptive labeling,
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`marketing, and sale of Defendant’s “Kraft Natural Cheese” products (“the Products”) as “natural”
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`when they were made from milk produced with artificial growth hormones, and allege the
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`following based upon information, belief, and the investigation of their counsel:
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`INTRODUCTION
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`1.
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`Due to concerns about health, animal welfare, and sustainability, consumers are
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`increasingly concerned with how their food is produced.
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`2.
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`Consumers are concerned that the use of artificial growth hormones in animals
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`raised for food is inhumane and contributes to health problems both for the animals and for the
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`humans who consume the food. One such artificial hormone is recombinant bovine somatotropin
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 2 of 26
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`(rbST), which is also known as recombinant bovine growth hormone (rbGH).
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`3.
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`Kraft knows that consumers seek out and wish to buy dairy products made from
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`cows raised without the use of rbST. Kraft also knows that consumers will pay more for such
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`products than they will for products made with artificial hormones.
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`4.
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`To capture this growing market, Kraft announced on January 9, 2019, that “KRAFT
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`Natural Cheese is Now Made from Milk without the Artificial Hormone rbST.”1 Prior to that
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`announcement, Kraft labeled and marketed the Products2 as “natural,” even though they were
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`
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`1 Kraft Heinz, KRAFT Natural Cheese is Now Made from Milk without the Artificial Hormone rbST – and is as
`Ever,
`The
`Kraft
`Heinz
`Company
`(Jan.
`9,
`2019,
`10:00
`AM),
`Delicious
`as
`https://web.archive.org/web/20190920054942/https://news.kraftheinzcompany.com/press-release/brand/kraft-
`natural-cheese-now-made-milk-without-artificial-hormone-rbst-%E2%80%93-and-delicio.
`2 2% Milk Cheddar & Monterey Jack Natural Cheese Cubes, 2% Milk Colby Jack Shredded Natural Cheese, 2%
`Milk Mexican Style Four Cheese, 2% Milk Sharp Cheddar Shredded Cheese, Big Slice Aged Swiss Natural Cheese
`Slices, Big Slice American Cheese Slices, Big Slice Chipotle Natural Cheese Slices, Big Slice Colby Jack Natural
`Cheese Slices, Big Slice Hot Habanero Natural Cheese Slices, Big Slice Jalapeno White Cheddar Natural Cheese
`Slices, Big Slice Mild Cheddar Natural Cheese Slices, Big Slice Pepper Jack Natural Cheese Slices, Big Slice Sharp
`Cheddar Natural Cheese Slices, Big Slice Swiss Natural Cheese Slices 10 slices, Cheddar & Monterey Jack Natural
`Cheese Cubes, Chipotle Natural Cheese Block, Colby & Monterey Jack Big Cheese Snack, Colby & Monterey Jack
`Finely Shredded Natural Cheese, Colby & Monterey Jack Natural Cheese Cubes, Colby Jack & Mild Cheddar Natural
`Cheese Slices, Colby Jack Finely Shredded Natural Cheese, Colby Jack Natural Cheese, Colby Natural Cheese, Extra
`Sharp Cheddar Cheese, Extra Sharp Cheddar Natural Cheese, Extra Sharp Natural Cheddar Cheese Block, Extra Sharp
`White Cheddar Natural Cheese Slices, Extra Thin Swiss Natural Cheese Slices, Fat Free Natural Cheddar Cheese, Fat
`Free Shredded Mozzarella Natural Cheese, Fat-Free Cheddar Shredded Natural Cheese, Finely Shredded Triple
`Cheddar Natural Cheese, Havarti Natural Cheese Slices, Hot Habanero Shredded Natural Cheese, Italian Five Cheese
`Shredded Natural Cheese, Jalapeno Cheddar Shredded Natural Cheese, Jalapeno Low-Moisture Part-Skim String
`Cheese, Low-Moisture Part-Skim Mozzarella String Cheese, Medium Cheddar Natural Cheese, Medium Natural
`Cheddar Cheese Block, Mexican Style 2% Milk Shredded Natural Four Cheese, Mexican Style Cheddar Jack Finely
`Shredded Natural Cheese, Mexican Style Four Cheese Shredded Natural Cheese, Mexican Style Four Finely Shredded
`Natural Cheese, Mexican Style Taco Finely Shredded Natural Cheese, Mild Cheddar 2% Milk Finely Shredded
`Natural Cheese, Mild Cheddar Big Cheese Snack, Mild Cheddar Finely Shredded Natural Cheese, Mild Cheddar
`Natural Cheese, Mild Cheddar Natural Cheese Cubes, Mild Cheddar Shredded Natural Cheese, Mild Natural Cheddar
`Cheese Block, Monterey Jack Cheese Cracker Cuts, Monterey Jack Shredded Natural Cheese, Mozzarella & Cheddar
`Twists, Mozzarella 2% Milk Shredded Natural Cheese, Mozzarella Finely Shredded Natural Cheese, Mozzarella Low-
`Moisture Part-Skim Cheese, Mozzarella Shredded Natural Cheese, Mozzarella String Cheese, Muenster Natural
`Cheese Slices, Natural Cheddar & Monterey Jack Marbled Cheese Block, Natural Cheese Snacks Mozzarella Low-
`Moisture Part-Skim String Cheese, Natural Colby Cheese Block, Natural Colby Jack 2% Milk Cheese Block, Natural
`Colby Jack Cheese Block, Natural Hot Habanero Cheese Block, Natural Jalapeno Cheese Block, Natural Monterey
`Jack Cheese Block, Parmesan Finely Shredded Natural Cheese, Pepper Jack & Sharp Cheddar Natural Cheese Slices,
`Pepper Jack Monterey Jack Cheese with Jalapeno Peppers, Pepper Jack Shredded Natural Cheese, Pizza Style
`Mozzarella & Cheddar Shredded Natural Cheese, Provolone Natural Cheese Slices, Reduced Fat 2% Milk Mozzarella
`String Cheese, Reduced Fat Mozzarella String Cheese with 2% Milk, Sharp Cheddar Finely Shredded Cheese, Sharp
`Cheddar Finely Shredded Natural Cheese, Sharp Cheddar Natural Cheese, Sharp Cheddar Natural Cheese Cubes,
`Sharp Natural Cheddar 2% Milk Cheese Block, Sharp Natural Cheddar Cheese Block, Sharp White Cheddar Shredded
` CLASS ACTION COMPLAINT
`2
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`

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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 3 of 26
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`made with milk from cows administered rbST.
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`5.
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`Kraft’s claim that its Products were “natural” was false, deceptive, and misleading
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`in that they were made with milk from cows who were given rbST, which is an artificial hormone,
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`and which unnaturally increased the cows’ milk production.
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`6.
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`While many of the Products are now made from milk produced without the artificial
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`hormone rbST (collectively, the “Type A Products”), certain Kraft Natural Cheese products (e.g.,
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`varieties containing parmesan, asiago, and Romano cheese) continue to be made with milk from
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`cows who were administered rbST (collectively, the “Type B Products”).
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`7.
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`Reasonable consumers, seeing Kraft’s “natural” representations, would expect that
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`the Products were made without the use of an “artificial hormone” such as rbST.
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`8.
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`In sum, for years, Kraft deceived consumers into believing the Type A Products
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`were made without the use of added synthetic hormones, when in fact, until recently, they were
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`produced with milk from cows who were given such hormones. Kraft continues to deceive
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`consumers with regard to the Type B Products, which are currently made with milk from cows
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`who were administered rbST.
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`9.
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`By deceiving consumers about the nature and quality of the Products, Kraft has sold
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`a greater volume of the Products, charged higher prices for the Products, and taken away market
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`
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`Natural Cheese, Shredded Colby & Monterey Jack Natural Cheese Blend, Shredded Mexican Style Four Cheese,
`Shredded Mild Cheddar Natural Cheese, Shredded Mozzarella 2% Milk Natural Cheese, Shredded Mozzarella Natural
`Cheese, Shredded Parmesan Cheese Shaker, Shredded Parmesan, Romano & Asiago Shredded Natural Cheeses,
`Shredded Sharp Cheddar Natural Cheese, Shredded Smoky Bacon Cheddar Cheese, Slim Cut Extra Sharp White
`Cheddar 2% Milk Natural Cheese Slices, Slim Cut Mozzarella Natural Cheese Slices, Slim Cut Sharp Cheddar 2%
`Milk Natural Cheese Slices, Slim Cut Swiss 2% Milk Natural Cheese Slices, Smoky Bacon Cheddar Cheese Big Slices,
`String Jalapeno Low-Moisture Part-Skim Cheese, String Low-Moisture Part-Skim Mozzarella Cheese, Swiss
`Shredded Natural Cheese, Triple Cheddar Finely Shredded Natural Cheese, Twists 2% Mozzarella & Cheddar Natural
`Cheese, and Twists Mozzarella & Cheddar Natural Cheese Snacks.
`Discovery may reveal that additional Kraft Natural Cheese products should be included within the scope of the
`allegations in this Complaint, and Plaintiff reserves the right to add such products.
` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 4 of 26
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`share from competing products, thereby increasing its own sales and profits.
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`10.
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`Because Kraft’s labeling and advertising of the Products has been materially
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`deceptive about the true nature and quality of the Products, Plaintiffs bring this deceptive
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`advertising case on behalf of a class of consumers who purchased the Products in the United
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`States while the Products contained rbST, including: (1) a subclass of all persons who purchased
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`the Type B Products in the United States; (2) a subclass of all persons who purchased the
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`Products in California; and (3) a subclass of all persons who purchased the Type B Products (as
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`defined herein) in California. Plaintiffs seek relief including actual damages, interest, costs,
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`reasonable attorneys’ fees, and an order enjoining Kraft’s unlawful and deceptive acts. Even
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`today, proposed class members are purchasing the misrepresented Products, and they will
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`continue to do so in the future unless Kraft’s conduct is stopped.
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`JURISDICTION AND VENUE
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`11.
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`This Court has original subject-matter jurisdiction over this proposed class action
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`pursuant to 28 U.S.C. § 1332(d), the Class Action Fairness Act (“CAFA”). There are at least 100
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`members in the proposed classes. Plaintiffs are citizens of California. On information and belief,
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`Defendant Kraft is a citizen of Delaware, Illinois, and Pennsylvania. The amount in controversy
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`exceeds the sum of $5,000,000, exclusive of interest and costs.
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`12.
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`This Court has personal jurisdiction over the Defendant in that it regularly conducts
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`and transacts business in California, purposefully avails itself of the laws of California, markets its
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`Products to consumers in California, and distributes its Products to numerous retailers in
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`California.
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`13.
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`Venue is proper in this District under 28 U.S.C. § 1391(a). Substantial acts in
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`furtherance of the alleged improper conduct, including the dissemination of false and misleading
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 5 of 26
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`
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`labeling and advertising regarding the nature and quality of the Products and sales of the Products
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`at issue, occurred within this District.
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`PARTIES
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`14.
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`The Kraft Heinz Company is a Delaware business corporation that maintains its
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`principal places of business in Chicago, Illinois and Pittsburgh, Pennsylvania.
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`15.
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`The Kraft Heinz Company was formed in July 2015 as a result of the merger of the
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`H.J. Heinz Company with Kraft Foods Group, Inc. Defendant is the successor-in-interest to Kraft
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`Foods Group, Inc.
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`16.
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`Kraft manufactures and/or causes the manufacture of the Products. Kraft also
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`advertises, markets, and distributes the Products in California. Kraft created and/or authorized the
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`false and deceptive labeling and advertising of the Products.
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`17.
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`Plaintiff Green is a citizen of the State of California, and a resident of Los Angeles
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`County.
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`18.
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`Plaintiff Koh is a citizen of the State of California, and a resident of San Mateo
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`County.
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`19.
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`At all times mentioned herein, Plaintiffs were and are individual consumers over
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`the age of 18.
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`20.
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`During the time period in which the following products were made with the
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`artificial hormone rbST, Plaintiff Green purchased Kraft’s Shredded Sharp Cheddar, Shredded
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`Mild Cheddar, and Shredded Mexican Style Four Cheese Products labeled “Natural Cheese.” From
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`2012-2020, Plaintiff Green purchased the above Products at least five times a year at Ralphs and
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`Gelson’s Market stores in the Los Angeles area.
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 6 of 26
`Case 4:20-cv-04425—JSW Document 1 Filed 07/02/20 Page 6 of 26
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`Tear Open
`malicious!
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`'
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`" .flififl/
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`1%an (mm
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`FOUR CHEESE
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`MEXIIBANIW '
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 7 of 26
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`21.
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` During time periods in which the following products were made with the artificial
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`hormone rbST, Plaintiff Koh purchased Kraft’s Mozzarella Shredded, Mozzarella String Cheese,
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`Shredded Parmesan Cheese, Parmesan Finely Shredded, and Havarti slice Products labeled
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`“Natural Cheese.” From 2015-2020, Plaintiff Koh purchased at least one of the above Products on
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`a monthly basis at a Safeway store in the Daly City area.
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 8 of 26
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`22.
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` In deciding to make their purchases, Plaintiffs saw, relied upon, and reasonably
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`believed Kraft’s “natural” representations.
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`23.
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`Plaintiffs were willing to pay more for Kraft’s Products because they expected the
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`Products to have been made without the use of artificial hormones.
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`24.
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` Had Plaintiffs known at the time that Kraft’s Products were made from cows who
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`were given rbST, they would not have purchased or continued to purchase the Products.
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`25.
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`Plaintiff Koh ceased purchasing the Products because Kraft was labeling their
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`Products as natural when they were not.
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`26.
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`Plaintiff Koh continues to purchase cheese products and intends to continue
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`purchasing cheese products in the future, but she does not currently purchase the Type B Products.
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`27.
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`Plaintiff Koh wishes to be able to continue purchasing the Type B Products and,
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`therefore, wishes to see them truthfully made without antibiotics. Moreover, Plaintiff Koh is aware
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`that members of her proposed class are currently purchasing, and will continue to purchase, Kraft’s
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 9 of 26
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`Type B Products, unaware that the “Natural” representations are not correct, unless Kraft’s conduct
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`is enjoined.
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`FACT ALLEGATIONS
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`A. Kraft Falsely and Deceptively Represented That the Products Were Natural.
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`28.
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`During any applicable statute of limitations period, Kraft’s packaging and
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`advertising for the Products featured the claim “Natural Cheese.”
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`29.
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`Reasonable consumers interpret Kraft’s “natural” claim as meaning that its
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`Products are made with milk produced without the use of artificial hormones.
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 10 of 26
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`30.
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`A 2015 nationally representative consumer survey conducted by Consumer Reports
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`Survey Group found that 64% of consumers believe the claim “natural” on food means that no
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`artificial growth hormones were used.3
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`31.
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`A 2019 survey commissioned by the Corn Refiners Association found that more
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`than half of consumers believe the claim “natural” for food means “no hormones and antibiotics.”4
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`32.
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`There is nothing natural about the use of rbST in dairy production. rbST is
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`synthetically produced using genetic technology. It is injected in dairy cows to artificially increase
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`milk production and thereby reduce the cost of milk production.
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`33.
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`Kraft itself refers to rbST as an “artificial” hormone.5
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`B. Kraft’s “Natural” Claims Are Material to Reasonable Consumers.
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`34.
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`Although rbST is legally allowed for use in dairy cows in the United States, it has
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`been banned in Canada, the European Union, and other countries.
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`35.
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`The use of rbST puts cows at significantly higher risk for serious health problems.
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`Studies have found that cows treated with rbST suffer a 55% increased risk of lameness, 40%
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`increased risk of reproductive problems, and 25% increased risk of clinical mastitis.6
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`36.
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`The greater incidence of mastitis contributes to increased use of antibiotics in dairy
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`cows, which in turn contributes to antibiotic resistance. According to the Centers for Disease
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`
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`3 Consumer Reports Survey Group, Natural and Antibiotics Label Survey: 2015 Nationally Representative Phone
`Survey, https://foodpolitics.com/wp-content/uploads/Consumer-Reports-Natural-Food-Labels-Survey-Report.pdf.
`4 Jayson Lusk, Consumer Perceptions of Healthy and Natural Food Labels, (Jan, 15, 2019),
`https://static1.squarespace.com/static/502c267524aca01df475f9ec/t/5c4df49440ec9a53af435ab4/1548612761167/re
`port_revised.pdf.
`5 Supra, note 1.
`6 I. R. Dohoo, et al., A meta-analysis review of the effects of recombinant bovine somatotropin: Effects on animal
`culling,
`67 Can.
`J. Vet. Res.
`252
`(Oct.
`2003),
`health,
`reproductive
`performance,
`and
`https://www.ncbi.nlm.nih.gov/pmc/articles/PMC280709/.
`10
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` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 11 of 26
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`Control, “Antibiotic resistance—the ability of germs to defeat the drugs designed to kill them—is
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`one of the greatest global public health challenges of our time.”7
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`37.
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`Because of their poorer overall welfare, rBST-treated cows are culled at a higher
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`rate than nontreated cows.8
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`38.
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`Furthermore, studies have suggested that rbST use may increase the risk of certain
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`cancers in humans who consume milk products by elevating levels of insulin-like growth factor 1
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`(IGF–1).9
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`39. Milk produced with rbST also can be inferior to milk produced without synthetic
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`hormones. Compared to milk produced without rbST, milk from cows treated with rbST can have
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`increased fat content and decreased level of proteins, as well as higher counts of somatic cells (i.e.,
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`pus), which makes the milk turn sour more quickly.10
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`40.
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`Concerned about the risks associated with artificial hormones in dairy production,
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`consumers want to avoid buying products made with rbST and will pay more for products made
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`without artificial hormones.
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`41.
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`Kraft knows this. Indeed, Kraft cited the fact that “[o]ver half of all consumers try
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`to avoid added hormones in their food” as a reason why it stopped using milk from cows treated
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`with rbST in certain of the Products.11
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`
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`the United States, 2019,
`for Disease Control, Antibiotic Resistance Threats
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`in
`7
`https://www.cdc.gov/drugresistance/pdf/threats-report/2019-ar-threats-report-508.pdf, at 3.
`8 The Humane Society of the United States, An HSUS Report: The Welfare of Cows in the Dairy Industry,
`https://www.humanesociety.org/sites/default/files/docs/hsus-report-animal-welfare-cow-dairy-industry.pdf, at 8.
`9 Federal Court Strikes Down Ohio Ban on RBGH-Free Labels on Dairy Products, Center for Food Safety (Sept.
`30, 2010), https://www.centerforfoodsafety.org/press-releases/810/federal-court-strikes-down-ohio-ban-on-rbgh-
`free-labels-on-dairy-products.
`10 Int'l Dairy Foods Ass'n v. Boggs, 622 F.3d 628, 636–37 (6th Cir. 2010).
`11 Supra, note 1.
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 12 of 26
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`42.
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`Kraft has labeled and advertised its Products as “Natural Cheese” to capture
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`consumers who wish to avoid foods made with artificial hormones.
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`C. Kraft’s False and Misleading Claims Harm Consumers.
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`43.
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`Kraft’s conduct in labeling and advertising the Products as “natural” has deceived
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`and/or is likely to deceive the public. Consumers have been deceived into believing that the
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`Products were made with milk from cows who had not been given artificial hormones, when in
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`fact rbST has been used to produce the milk in the Products.
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`44.
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`The labels have never informed consumers when rbST was used to make the milk
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`in the Products. Furthermore, ordinary consumers do not have sufficient knowledge about the dairy
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`industry to understand whether rbST was used in the production of the Products.
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`45.
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`Consumers lack the information and scientific knowledge necessary to determine
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`whether the Products are in fact “natural” and to know or to ascertain the true quality of the
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`Products.
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`46.
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`Reasonable consumers must and do rely on Kraft to report honestly whether the
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`Products are made with the use of artificial hormones.
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`47.
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`Kraft has deceptively and misleadingly concealed material facts about the Products
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`it marketed as “natural,” namely, when the Products have been made with milk produced with
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`artificial hormones.
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`48.
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`Kraft knows that rbST is artificial. Kraft also knows that rbST artificially boosted
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`production of milk it used to make its Products. Kraft thus knew, or should have known, the facts
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`demonstrating that the Products were mislabeled and falsely advertised.
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`49.
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`Kraft’s use of milk produced with rbST was not disclosed to Plaintiffs or to the
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`class of consumers they seek to represent.
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 13 of 26
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`50.
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`51.
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`Kraft’s concealment tolls the applicable statute of limitations.
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`In making the false, misleading, and deceptive representations at issue, Kraft also
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`knew and intended that consumers would choose to buy, and would pay more for, products
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`promoted as “natural,” furthering Kraft’s private interest of increasing sales of its products and
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`decreasing the sales of its competitors’ products that are truthfully marketed.
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`52.
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`Kraft intended for consumers to rely on its representations, and reasonable
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`consumers did in fact so rely. As a result of its false and misleading labeling and advertising, Kraft
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`was and is able to sell the Products to consumers in the State of California and to realize sizeable
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`profits.
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`53.
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`During the time periods in which the products were made with the artificial
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`hormone rbST, Plaintiffs and members of the Classes described below relied on Kraft’s “Natural
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`Cheese” misrepresentations when purchasing the Products. Plaintiffs and members of the Classes
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`described below paid a premium for the Products based upon the misrepresentations, and they
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`purchased Products they otherwise would not have bought had they known the truth about the use
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`of artificial hormones to produce Kraft’s Products. As a result, Plaintiffs and Class Members
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`suffered an injury. Contrary to representations on the Products’ labeling and advertising,
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`consumers received Products that were not natural.
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`54.
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`Had Kraft not made the false, misleading, and deceptive representations, Plaintiffs
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`and the class members would not have been willing to pay the same amount for the Products they
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`purchased and would not have been willing to purchase the Products.
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`55.
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`Upon information and belief, Kraft has profited enormously from its falsely and
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`deceptively marketed products.
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 14 of 26
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`CLASS ALLEGATIONS
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`56.
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` Plaintiffs re-allege and incorporate by reference the allegations set forth in each of
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`the preceding paragraphs of this Complaint.
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`57.
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`Plaintiffs bring this action pursuant to Rule 23 of the Federal Rules of Civil
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`Procedure on behalf of themselves and all other similarly situated individuals within the United
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`States (the “Class”) defined as follows: All consumers who purchased the Products in the United
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`States within the applicable statute of limitations, while the Products contained rbST, and until the
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`date of class certification (the “Class Period").
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`58.
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`Excluded from the Class are (1) Defendant, any entity or division in which a
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`Defendant has a controlling interest, and Defendant’s legal representatives, officers, directors,
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`assigns, and successors; and (2) the judge to whom this case is assigned and the judge’s staff.
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`59.
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`Included in the Class, to the extent necessary, is: (1) a subclass of all persons who
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`purchased the Type B Products (as defined herein) in the United States during the Class Period
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`(the “Nationwide Type B Subclass”); (2) a subclass of all persons who purchased the Products in
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`California during the Class Period (the “California Subclass”); and (3) a subclass of all persons
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`who purchased the Type B Products (as defined herein) in California during the Class Period (the
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`“California Type B Subclass”) (the California Subclass and the California Type B Subclass are
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`collectively referred to herein as the “California Subclasses”).
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`60.
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`There are substantial questions of law and fact common to all members of the Class,
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`which will predominate over any individual issues. These common questions of law and fact
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`include, without limitation:
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`(a) whether Defendant is responsible for the labeling and advertising at issue;
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`(b) whether Defendant’s practices and representations related to the marketing, labeling
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 15 of 26
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`and sales of its Products were unfair, deceptive, fraudulent, and/or unlawful in any
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`respect;
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`(c) whether Defendant breached a warranty created through the labeling and marketing of
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`its Products; and
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`(d) whether Defendant’s conduct as set forth above injured, and may continue to injure,
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`Plaintiffs and Class members.
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`61.
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`Plaintiffs’ claims are typical of the claims of the Class. Plaintiffs are members of a
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`well-defined class of similarly situated persons, and the members of the Class were similarly
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`affected by Defendant’s conduct and are owed the same relief, as alleged in this Complaint.12
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`Members of the Class are ascertainable from Plaintiffs’ description of the class, Defendant’s
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`records, and records of third parties accessible through discovery.
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`62.
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`Plaintiffs will fairly and adequately protect the interests of the Classes and have no
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`interests which are antagonistic to the claims of the Classes. Plaintiffs will vigorously pursue the
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`claims of the Classes.
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`63.
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`Plaintiffs have retained counsel who are competent and experienced in consumer
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`protection litigation, including class actions relating to false advertising. Plaintiffs’ counsel have
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`successfully represented plaintiffs in complex class actions and currently represent other plaintiffs
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`in several similar complex class action lawsuits involving false advertising.
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`64.
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`A class action provides a fair and efficient method, if not the only method, for
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`adjudicating this controversy. The substantive claims of Plaintiffs and the Classes are nearly
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`12 Plaintiff Koh, who has purchased the Type B Products, seeks injunctive relief on behalf of the Nationwide Type
`B Subclass and the California Type B Subclass (collectively, the “Type B Subclasses”). Plaintiff Green, who has not
`purchased the Type B Products, does not seek to represent the claims unique to the Type B Subclasses.
` CLASS ACTION COMPLAINT
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 16 of 26
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`identical and will require evidentiary proof of the same kind and application of the same laws.
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`There is no plain, speedy, or adequate remedy other than by maintenance of this class action.
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`65.
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`A class action is superior to other available methods for the fair and efficient
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`adjudication of this controversy because Class members number in the thousands and individual
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`joinder is impracticable. The expense and burden of individual litigation would make it
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`impracticable or impossible for proposed Class members to prosecute their claims individually,
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`and the disposition of this case and as part of a single class action lawsuit will benefit the parties
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`and greatly reduce the aggregate judicial resources that would be spent if this matter were handled
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`as hundreds or thousands of separate lawsuits. Trial of Plaintiffs’ and the Class members’ claims
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`together is manageable.
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`66.
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`No member of the Class has a substantial interest in individually controlling the
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`prosecution of a separate action.
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`67.
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`The prerequisites to maintaining a class action for equitable relief are met, as
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`Defendant, by representing that all of the Products are “natural” despite the fact that they were
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`made with milk produced with artificial hormones, has acted or refused to act on grounds generally
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`applicable to the Class, thereby making appropriate final equitable relief with respect to the Class
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`as a whole.
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`68.
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`The prosecution of separate actions by members of the Class would create a risk of
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`establishing inconsistent rulings and/or incompatible standards of conduct for Defendant.
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`Additionally, individual actions could be dispositive of the interests of the Classes even where
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`certain Class members are not parties to such actions.
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`69.
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`Defendant’s conduct is generally applicable to the Class as a whole, and Plaintiffs
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`seek, inter alia, equitable remedies with respect to the Class as a whole. As such, Defendant’s
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`Case 4:20-cv-04425-JSW Document 1 Filed 07/02/20 Page 17 of 26
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`systematic policies and practices make declaratory relief appropriate with respect to the Class as a
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`whole. Likewise, Defendant’s continuing systematic policies and practices make injunctive relief
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`appropriate with respect to the Type B Subclasses in their entirety.
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`70.
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`Plaintiffs know of no difficulty that will be encountered in the management of this
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`litigation, which would preclude its maintenance of a class action.
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`CAUSES OF ACTION
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`COUNT I
`Unfair and Deceptive Acts and Practices
`in Violation of the California Consumer Legal Remedies Act
`(on Behalf of the California Subclasses)
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`Plaintiffs incorporate by reference and reallege herein all paragraphs alleged above.
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`This cause of action is brought pursuant to California’s Consumers Legal Remedies
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`71.
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`72.
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`Act, Cal. Civ. Code §§ 1750-1785 (the “CLRA”).
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`73.
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`Plaintiffs and other members of the California Subclasses are “consumers,” as the
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`term is defined by California Civil Code § 1761(d), because they bought th