Amy’s Kitchen Food Products

October 2016: This case was voluntarily dismissed with prejudice, the reasons for which have not been disclosed.

July 2014: A federal judge reopened this case and stayed the action instead.

April 2014: A federal judge dismissed this case without prejudice concluding that it was appropriate to defer to the FDA because the FDA is engaged in active rulemaking on the issue of whether evaporated cane juice is the common name for sugar.

December 2013: Plaintiffs filed an amended complaint claiming that Amy’s Kitchen misleadingly lists evaporated cane juice as an ingredient in products when they actually contain sugar.

November 2013: A federal judge dismissed a class-action lawsuit filed against Amy’s Kitchen alleging that the company misleadingly labels its products, including Light in Sodium Spinach Pizza and Chunky Tomato Bisque. The complaint, which was originally filed in August 2013, claims that the company lists “evaporated cane juice” or “organic evaporated cane juice” as an ingredient on product labels when that products actually contain sugar. The judge dismissed the complaint because the named plaintiff did not claim that he read the ingredients labels and saw the term “evaporated cane juice” before buying the products, and so did not allege enough facts to establish that he relied on the misleading labels. The named plaintiff has until December 13, 2013 to amend his complaint. (Figy et al v. Amy’s Kitchen, Case No. 13-cv-03816, N. D. CA.).

For more information about other class-action lawsuits filed against Amy’s Kitchen and TINA.org’s coverage of the company, click here.

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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