News Feature | September 25, 2013

Lawsuit Against Chobani Is Tossed

Source: Food Online
Sam Lewis

By Sam Lewis

Federal judge rules yogurt company’s product labels are not misleading

Recently, California federal judge Lucy Koh has been busy handling food-specific class action lawsuits. Just two weeks ago, Koh dismissed a case alleging Gerber baby food products’ labels were misleading and gave false claims using the word “natural.” Late last week, Koh tossed out a similar case involving Chobani yogurt.

In July, plaintiffs Katie Kane, Arianna Rosales, and Darla Booth brought claims upon Chobani that its products’ ingredients were deceptively labeled. The trio’s case began on July 12 when they brought allegations against Chobani saying that evaporated cane juice was listed as an ingredient to hide the fact that the product contained added sugar. Since July, the case has gone through an unusual amount of twists and reconsiderations.

Last Thursday, Koh ruled that the plaintiffs have no evidence to back their evaporated juice claims, maintaining her decision on July 12. Regarding the plaintiffs’ claims and her decision, Koh says, “For one thing, it is just a restatement of the theory that plaintiffs believed the yogurts contained only ‘natural sugars from milk and fruit,’ which the court has already concluded is not plausible. Koh went on to say, “This ‘some type of healthier ingredient’ theory of reliance does not appear in the second amended complaint.”

Koh’s final ruling also dismissed claims that the Chobani yogurt was mislabeled as “all natural” and lacking added sugar. The inclusion of fruit or vegetable concentrate was the claim the plaintiff relied on most against Chobani’s yogurt. However, the company acknowledges juice concentrates on its products’ labels, negating the plaintiffs’ claim.

As there is currently no FDA-regulated definition of the term “natural” regarding food products, food manufacturers are able to self-police and place this phrase on products as they please. The plaintiffs may firmly believe that Chobani is using misleading terms, but ultimately, under current FDA regulations, Chobani didn’t break any rules regarding the use of the term “natural” on its products’ labels.