Mealey's Litigation Procedure - Reliance, Reasonable Consumer Findings Defeat Dismissal Bid Of Labeling Claims

SAN FRANCISCO - A federal judge on March 14 declined to dismiss consumer claims under California law, including the unfair competition law (UCL), that a grocery store's use of "evaporated cane juice" on product labels is misleading, deceptive unfair and fraudulent. The judge found that the consumers have standing to bring cane juice claims under the UCL because they adequately alleged actual reliance and that the consumers sufficiently alleged that a reasonable consumer could be deceived by the term "evaporated cane juice" (Amy Gitson, et al. v. Trader Joe's Company, No. 13-01333, N.D. Calif.; 2014 U.S. Dist. LEXIS 33936).

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