LesserEvil Snack Maker Likely to Trim Health Deception Claims

LesserEvil LLC convinced a federal magistrate judge to recommend dismissing some nutrition deception claims in a suit alleging the company duped buyers into thinking its snack products were healthy despite containing dangerous levels of saturated fats.

Magistrate Judge Jeremy D. Peterson on March 7 told the US District Court for the Eastern District of California that the consumer’s implicit nutrient content claims and a claim for injunctive relief should be dismissed, but other false advertising claims should proceed.

Plaintiff Twyla Cogswell alleged that label statements including the words “healthier,” “Good Source of Fiber,” “Nutrient Dense,” as well as representations like ...