Law360 Chronicles Dismissal of Class Action Consumer Fraud Suit Against FaegreBD Client General Mills
On December 9, 2012, a Minnesota federal court dismissed a class action false advertising suit against General Mills and Yoplait, Law360 reported.
In the suit, an Illinois plaintiff claimed General Mills had misrepresented Yoplait's Greek yogurt, saying it is "neither yogurt nor Greek" because it does not comply with yogurt ingredient standards set by the Food and Drug Administration (FDA).
U.S. District Judge Susan Richard Nelson said General Mills' "primary arguments in support of dismissal are generally persuasive," and concluded the issue should be resolved by FDA because of the agency's scientific and nutritional expertise, and because of a proposed FDA rule that would allow optional ingredients in yogurt. Judge Nelson suggested that FDA's action on the matter would help resolve a large number of similar cases pending in other courts.
"We are pleased with the judge's decision, and we stand behind the accuracy of our product label," General Mills spokeswoman Maerenn Jepsen told Law360.
Aaron Van Oort, Sarah Brew and Steve Toeniskoetter of Faegre Baker Daniels represented General Mills in this matter along with counsel from Perkins Coie, Law360 reported.
Meet the Authors
