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Milk Advertising Class Action Dismissed

Food & Consumer Packaged Goods Litigation

Milk Advertising Class Action Dismissed

Ruiz v. Darigold, Inc./Northwest Diary Association, No. 2:14-cv-01283 (W.D. Wash.):  A federal judge dismissed a putative class action alleging that Defendants sell milk products falsely advertised as having been produced in an environment that is safe for animals, healthy for consumers, and respectful of workers' rights.  The court held that plaintiff had failed to show that a reasonable consumer would be misled, as the statements identified as 'misleading' were not shown to be false.  For example, the court found that many of the statements pertaining to animal treatment were "aspirational" in nature, and not intended to reflect the company's current practices.  With regard to claims alleging false designation of geographic origin, the court ruled that plaintiff had failed to allege any such representation or the falsity thereof. Order.

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