Are You a ‘Reasonable Consumer’?
Courts weigh in on legal term.
March 2019: The named plaintiff voluntarily dismissed this action When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been disclosed.
February 2019: A federal judge dismissed this action for failure to state a claim, concluding that reasonable consumers would not interpret the “grass-fed cows” advertising claims to mean that the cows are fed only grass, and that plaintiffs failed to offer a plausible definition of the term “natural.” Plaintiffs have until March 6, 2019 to file an amended complaint.
November 2018: Plaintiffs filed an amended complaint adding allegations that the company misleadingly markets the butter products as being natural when, according to the complaint, the products are made with milk from cows that are fed genetically-modified grains.
July 2018: A class-action lawsuit was filed against Ornua Foods North America, Inc. for allegedly falsely advertising that its butter products are made with milk from “grass-fed” cows to make consumers believe the products are healthier when, according to the complaint, the butter products are made with milk from cows that are fed grain, soy, corn, and genetically modified grains. (Myers-Taylor et al v. Ornua Foods North America, Inc. and Ornua Co-operative Limited, Case No. 18-cv-1538, S. D. CA.)