Panera Must Face Suit Alleging Fake Blueberries in Bagels

A Panera LLC consumer stated plausible claims that the fast-casual chain violated New York consumer protection law by fooling people about the amount of real fruit in its blueberry bagels, the Southern District of New York said.

But Jose Izquierdo lacks standing to pursue injunctive relief such as marketing changes because he didn’t allege he plans to buy blueberry bagels again, and therefore can’t show future injury, the U.S. District Court for the Southern District of New York said.

Izquierdo alleged on behalf of a New York class that he purchased a bagel reasonably relying on Panera’s representations that it ...