Del Monte Fruit and Vegetable Products

September 2017: The appeal was voluntarily dismissed, the reasons for which have not been disclosed.

October 2015: Plaintiffs filed a Notice of Appeal regarding the order dismissing the case. (Kosta v. Del Monte, Case No. 15-16974, 9th Cir.)

September 2015: This action was voluntarily dismissed with prejudice. Although the plaintiffs agreed to dismiss the case, they plan to appeal the dismissal in order to appeal the decision to deny class certification.

July 2015: A federal judge denied plaintiffs’ motion for class certification in a false advertising lawsuit against Del Monte Corporation. The complaint, which was originally filed in 2012, alleges that, among other things, the company misleadingly labels its fruit and vegetable products – including Fruit Naturals, SunFresh, Superfruit, and Citrus Bowls – as:

  • “Fresh” when, according to plaintiffs, they have been thermally processed, pasteurized, and chemically preserved; and
  • “All Natural” when, according to plaintiffs, they actually contain chemical preservatives, synthetic chemicals, and artificial ingredients.

(Kosta et al v. Del Monte Corporation, Case No. 12-cv-1722, N. D. CA.).

For more information about other class-action lawsuits against Del Monte 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.

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