Patrick McMorrow, Marco Ohlin, and Melody DiGregorio challenged statements that belVita products would provide “nutritious sustained energy,” “nutritious steady energy all morning,” and similar phrases.
New York and California consumers won class certification in March. The plaintiffs offered evidence that labeling the products as “nutritious” could have been materially misleading to a reasonable consumer, and they offered a method of showing classwide damages that’s connected with their ...
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