Mission® Restaurant Style Tortillas
July 2014: This case was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. May 2014: A Consolidated Amended…
A false advertising class-action lawsuit against Gruma Corporation was dismissed in 2011.
The 2010 complaint claims that the company misleadingly marketed Mission Guacamole and Spicy Bean Dip in several ways. Plaintiffs alleged that the company misleadingly marketed both products as containing “0g TRANS FAT” when, according to the complaint, they contained dangerous levels of artificial trans fat. The complaint also alleged that the company misleadingly marketed the Spicy Bean Dip as containing “0g Cholesterol” and being “All Natural” when, according to plaintiffs, the artificial trans fat in the dip increased blood cholesterol levels and the product contained an unnatural ingredient (specifically, partially hydrogenated soybean oil). In addition, the complaint alleged that the company marketed the guacamole as being made in “The Authentic Tradition” and “WITH GARDEN VEGETABLES,” and implied that the product was healthy when, according to the complaint, the guacamole contained “essentially no avocado” (which is the principal ingredient in guacamole), almost no vegetables, and dangerous artificial trans fat.
The parties reached a settlement agreement that resolved the dispute and the action was voluntarily dismissed. The terms of the settlement have not been disclosed. The named plaintiffs’ individual claims have been dismissed When a complaint is dismissed with prejudice, it cannot be refiled. and the class members’ claims have been dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. (Henderson et al v. Gruma Corp. and Gruma S.A.B. de C.V., Case No. 10-cv-4173, C. D. CA.)
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