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Federal Judge Certifies Plaintiff Classes In KIND Advertising Suit

May 25, 2021: 12:00 AM EST
Despite the lack of a uniform definition of the term “natural,” especially as it applies to foods, a federal judge in the Southern District of N.Y. has certified three classes of plaintiffs in three states who allege that KIND LLC, maker of eight brands of BFY snack bars, deceptively marketed several products as “all natural” and “non-GMO” even though they purportedly contain synthetic and genetically modified ingredients. According to an article in the National Law Review, the decision by Judge William H. Pauley III was “somewhat surprising, given the deep reservoir of class certification decisions finding that, where plaintiffs fail to establish a controlling definition for a key term or phrase in the challenged advertisement, individual issues predominate and class certification should be denied.” Pauley found, nevertheless, that the definitions cited by the plaintiffs weren’t all that different from one another. The FDA has declined to adopt a formal definition of the term “natural.”
"Judge Looks 'KIND'ly Upon Certifying Class in Snack Bar Advertising Suit", JD Supra , May 25, 2021, © Proskauer - Advertising Law/JD Supra, LLC
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