Dive Brief:
- U.S. District Judge William Alsup dismissed California resident Monique Manchouck's lawsuit against Nabisco, calling her claims "ridiculous."
- Manchouck's proposed class action lawsuit alleged that the "made with real fruit" labeling on packages of strawberry and raspberry Newtons misled customers into believing the cookies contained real fruit, not fruit puree.
- Alsup said that such a claim "strains credibility," adding that the complaint failed to allege why pureed fruit is no longer "real."
Dive Insight:
As one attorney was quoted saying, "Every once in a while, we get word that common sense still occasionally wins the day—although not as often as it should!" It stands to reason that once all of the lawsuits over "real" and "natural" claims on labeling took off, it would only be a matter of time before even the most ridiculous of details became fodder for litigation. Hopefully, this instance is the straw that breaks the camel's back, as it stands to reason that pureed berries are still berries.
