Jenner & Block

Firm Wins Dismissal of Proposed Class Action against Client Kashi Co.

The firm recently won a victory for client Kashi Co. when a judge dismissed a proposed consolidated class action accusing the snack maker of misbranding its foods.  At issue was the plaintiffs’ claim that Kashi uses the term “evaporated cane juice” to mislead consumers into believing that the ingredient is healthier than sugar.  Kashi argued that the U.S. Food and Drug Administration recently solicited for new comments regarding use of the term, proving that the agency intends to revise its guidelines and that the definition remains in flux.  In granting the firm’s motion to dismiss, U.S. District Judge Janis L. Sammartino said that the FDA should first resolve the question of whether “evaporated cane juice” is a common or unusual name for sweeteners derived from sugar cane syrup.  The team representing Kashi includes Partners Kenneth K. Lee and Dean N. Panos and Associate Kelly M. Morrison.  News of the dismissal was reported in Law360.