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Jul 28, 2021 · The class action lawsuit in question — Hadley et al vs. Kellogg Sales Company — was a real case before the U.S. District Court for the Southern District of California.
Aug 13, 2019 · Full title: STEPHEN HADLEY, Plaintiff, v. KELLOGG SALES COMPANY, Defendant. Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION. Date published: Aug 13, 2019
Nov 23, 2021 · Full title: STEPHEN HADLEY, et al., Plaintiffs, v. KELLOGG SALES COMPANY, Defendant. Court: United States District Court, Northern District of California. Date published: Nov 23, 2021
- A. Factual Background
- B. Procedural History
- C. Judicial Notice
- A. Rule 8
- B. Rule 9
- C. Leave to Amend
- III. Discussion
- A. The Fal, CLRA, and Fraudulent Prong UCL Causes of Action
- Allegations of Excessive Amounts of Added Sugar That Are Unhealthy
- A. Adequacy of Added Sugar and Healthiness Allegations
Defendant is a "multi-billion dollar food company that manufactures, markets, and sells a wide variety of cereals and bars, among other foods." ECF No. 27, Second Amended Complaint ("SAC") ¶ 108. Defendant is allegedly "the world's leading producer of cereal." Id. Defendant allegedly has "positioned itself in the market as a purportedly 'healthy' b...
On August 29, 2016, Plaintiff filed a complaint. ECF No. 1. On October 31, 2016, Defendant filed a motion to dismiss. ECF No. 22. In lieu of filing a response, on November 14, 2016, Plaintiff filed a First Amended Complaint ("FAC"). ECF No. 27. On December 8, 2016, Defendant filed a motion to dismiss the FAC. ECF No. 44. On January 5, 2017, Plainti...
Defendant has requested judicial notice of 14 documents. ECF No. 64. The first nine of these are the exact same federal regulations and rulemaking documents and Congressional House reports for which the Court previously granted Defendant's request for judicial notice. SeePrior Order at 7–9. Accordingly, as to those documents, Defendant's request is...
Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a complaint to include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). A complaint that fails to meet this standard may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6). The United States Supreme Court h...
Claims sounding in fraud or mistake are subject to the heightened pleading requirements of Federal Rule of Civil Procedure 9(b), which requires that a plaintiff alleging fraud "must state with particularity the circumstances constituting fraud." Fed. R. Civ. P. 9(b) ; see Kearns v. Ford Motor Co. , 567 F.3d 1120, 1124 (9th Cir. 2009). To satisfy Ru...
If the Court determines that the complaint should be dismissed, it must then decide whether to grant leave to amend. Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend "should be freely granted when justice so requires," bearing in mind that "the underlying purpose of Rule 15...[is] to facilitate decision on the merits, rather...
Defendant argues that all of Plaintiff's causes of action should be dismissed. Defendant addresses Plaintiff's causes of action in the following groupings: (1) violation of the FAL, the CLRA, and the fraudulent prong of the UCL, (2) breach of express warranty, (3) breach of the implied warranty of merchantability, (4) violation of the unlawful pron...
Plaintiff brings causes of actions under the FAL, the CLRA, and the UCL for allegedly misleading statements on Plaintiff's product packaging. The FAL and the CLRA prohibit false or misleading advertising. Specifically, the FAL prohibits the dissemination of any statement concerning property or services "which is untrue or misleading, and which is k...
Plaintiff's complaint is premised on the idea that Defendant represents its products to be healthy while Defendant's products contain an excessive amount of added sugar that is unhealthy. First, Defendant argues that Plaintiff has not adequately alleged that Defendant's breakfast cereals contain an excessive amount of added sugar that is unhealthy....
The Court first addresses whether Plaintiff has adequately alleged an excessive amount of added sugar that is unhealthy in Defendant's products. In this Court's prior order dismissing Plaintiff's FAC, the Court held that "the FAC contains specific allegations only concerning the amount of total sugar in each of Defendant's products rather than the ...
STEPHEN HADLEY, MELODY DIGREGORIO, ERIC FISHON, KERRY AUSTIN, and NAFEESHA MADYUN, on behalf of themselves, all others similarly situated, and the general public, Plaintiffs, v. KELLOGG SALES COMPANY, Defendant. Case No. 5:16-cv-04955-LHK
Aug 4, 2021 · Stephen Hadley and others alleged Kellogg deceptively portrayed cereals as healthful even though they have a high sugar content. Judge Lucy H. Koh of the U.S. District Court for the Northern District of California preliminarily approved the deal in June.
Mar 21, 2017 · Plaintiff Stephen Hadley ("Plaintiff") brings the instant suit against Defendant Kellogg Sales Company ("Defendant") for allegedly misleading statements on Defendant's food product packaging. Before the Court is Defendant's Motion to Dismiss. ECF No. 44 ("Mot.").
