Kroger Bread Crumbs
October 2018: The Ninth Circuit Court of Appeals reversed the dismissal of this class-action lawsuit finding that the named plaintiff adequately alleged that she relied on label misrepresentations and purchased the product relying on those misrepresentations. The appellate court remanded the case for further proceedings.
April 2016: The named plaintiff filed a Notice of Appeal regarding the March decision to dismiss the case. (Hawkins v. The Kroger Company, Case No. 16-55532, 9th Cir.)
March 2016: A federal judge dismissed the complaint finding that the named plaintiff failed to establish standing (i.e., a proper basis to sue) because the complaint did not adequately allege reliance and causation. The case was dismissed with prejudice.
October 2015: A class-action lawsuit was filed against The Kroger Company for allegedly falsely marketing Kroger Bread Crumbs as containing “0g Trans Fat” when they actually contain dangerous levels of trans fats. (Hawkins et al v. The Kroger Company, Case No. 15-cv-2320, S.D. Cal.)
For more information about other class-action lawsuits regarding trans fat claims and TINA.org’s coverage of the topic, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.