Bread False Advertising Claims Partially Underbaked, Judge Says

A judge partly granted and denied defendants’ Dave’s Killer Bread Inc. and Flower Foods Inc., motion to dismiss false advertising claims brought against them in an opinion issued last Friday.

The plaintiff originally alleged that the defendants violated the California Consumer Legal Remedies Act, California False Advertising Law, and the California Unfair Competition Law, as well as engaged in fraud, deceit, misrepresentation, and unjust enrichment. The plaintiff accused the defendants of these violations due to alleged misrepresentations about the protein quantity and quality on the product’s packaging. The plaintiff claimed these misrepresentations  caused them and other consumers to pay a higher price for the defendant’s bread products.

The court dismissed with prejudice the plaintiff’s claims regarding the protein statements on the product’s packaging. No leave to amend was granted, as the court found that the bread products were clearly in compliance with federal regulations. However, the court granted leave to amend the plaintiff’s claims regarding the defendants’ omission of percent daily value of protein from the product’s packaging. The judge found that the plaintiffs did not have standing because they did not show that their injury was traceable to the omission of percent daily value from the packaging.

The plaintiff is represented by Gutride Safier LLP. The defendants are represented by King and Spalding LLP.