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Chobani Defends Yogurt Claims as “Literally True”

  • On October 1, Chobani asked an Illinois federal judge to dismiss a proposed class action lawsuit that accused the company of falsely claiming that its Complete Greek Yogurt provides “complete nutrition,” among other claims. Chobani argued that the plaintiff has not alleged any facts that plausibly suggest that the labeling of the product at issue makes any materially false or misleading representations. Further, Chobani argued that all of the claims that the plaintiff is attempting to challenge are literally true and the plaintiff does not allege otherwise.

  • In the complaint, the plaintiff alleged that the product’s name, “Complete Nutrition,” is false, deceptive, and misleading because it fails to provide “complete” nutrition. However, according to Chobani, the product is named “Chobani Complete,” not “Complete Nutrition,” and the phrase “complete nutrition” does not appear anywhere on the product label.

  • Chobani also argued that the plaintiff failed to include any nonconclusory allegations that demonstrated how she was injured by the product’s label claims, which, according to Chobani, terminates her claim under the Illinois Consumer Fraud and Deceptive Business Practices Act. Further, Chobani urged the court to reject the plaintiff’s claim for negligent misrepresentation because she did not demonstrate that Chobani violated any duty owed. Chobani also took issue with the plaintiff’s argument that using a plus symbol indicates that the product contains “more” probiotics and prebiotics, and is deceptive.

© 2022 Keller and Heckman LLPNational Law Review, Volume XI, Number 279
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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