‘All Natural’ Label Claims Not All Preempted; Some Putative Class Claims Move Forward

Some putative class claims challenging “All Natural” labeling on Dreyer’s Grand Ice Cream Inc.'s ice cream and premium ice cream lines may continue, while others are tossed, as a federal trial court in California July 20 partially granted a defense motion for dismissal (Astiana v. Dreyer’s Grand Ice Cream Inc., N.D. Cal., No. C-11-2910 EMC).

The U.S. District Court for the Northern District of California said some claims contesting “All Natural Flavors” labeling on certain ice cream products survived preemption and plausibility arguments. It allowed all the plaintiffs’ claims challenging “All Natural Ingredients” wording on Haagen Dazs ice ...