Consumer-labeling class action
Defense of a putative class action challenging beverage labeling, including natural-ingredient and preservative representations.
David J. Scharf and Gravitas Law Group represented the public company in this consumer-labeling action in the Southern District of New York. The public docket records his admission pro hac vice in January 2019. The decision identifies the firm as counsel for the public company.
The dispute
The plaintiff challenged labeling of the public company’s beverages, alleging that citric acid was inconsistent with natural-ingredient and preservative representations. The action sought monetary and injunctive relief under New York consumer-protection law and other theories.
Verified court ruling: January 28, 2021
The court granted dismissal of the claims for injunctive relief and the common-law fraud claim. It allowed the New York General Business Law claims, express-warranty claim, and unjust-enrichment claim to continue insofar as they sought non-injunctive relief.
Scope of the result
The requests to strike the class allegations and non-restitutionary disgorgement remedy were denied without prejudice to renewal. This was a partial dismissal ruling, not a merits judgment disposing of every claim or a denial of class certification.
Issues reflected in the representation
The decision addresses Article III standing for injunctive relief, consumer-labeling allegations, regulatory materials, pleading sufficiency, and the timing of challenges to class allegations.
Underlying orders and records have been reviewed by the firm. Client and party names are omitted. Past results do not guarantee future outcomes. Historical results are not a live docket report.