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Clark v. Perfect Bar, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Dec 21, 2018
No. C 18-06006 WHA (N.D. Cal. Dec. 21, 2018)

Summary

dismissing claims under the UCL, FAL, CLRA and N.Y. Gen. Bus. Law § 350 alleging that the packaging and labeling of high-sugar Perfect Bars misleadingly conveyed health and wellness message because "No consumer, on notice of the actual ingredients described on the [packaging] including honey and sugar, could reasonably overestimate the health benefits of the bar merely because the packaging elsewhere refers to it as a health bar and describes its recipe as being handed down from a health-nut parent. The honey/sugar content was properly disclosed - that is the end of it - period."

Summary of this case from Silver v. BA Sports Nutrition, LLC

Opinion

No. C 18-06006 WHA

12-21-2018

HOWARD CLARK and MICHAEL SIMS on behalf of themselves, those similarly situated and the general public, Plaintiffs, v. PERFECT BAR, LLC, Defendant.


JUDGMENT

For the reasons stated in the accompanying order granting a motion for to dismiss pursuant to FRCP 12(b)(6) (Dkt. No. 22), FINAL JUDGMENT IS HEREBY ENTERED in favor of defendant Perfect Bar, LLC, and against plaintiffs Howard Clark, and Michael Sims. The Clerk shall please CLOSE THE FILE.

IT IS SO ORDERED. Dated: December 21, 2018.

/s/_________

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

Clark v. Perfect Bar, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Dec 21, 2018
No. C 18-06006 WHA (N.D. Cal. Dec. 21, 2018)

dismissing claims under the UCL, FAL, CLRA and N.Y. Gen. Bus. Law § 350 alleging that the packaging and labeling of high-sugar Perfect Bars misleadingly conveyed health and wellness message because "No consumer, on notice of the actual ingredients described on the [packaging] including honey and sugar, could reasonably overestimate the health benefits of the bar merely because the packaging elsewhere refers to it as a health bar and describes its recipe as being handed down from a health-nut parent. The honey/sugar content was properly disclosed - that is the end of it - period."

Summary of this case from Silver v. BA Sports Nutrition, LLC

In Clark v. Perfect Bar, LLC, No. C 18-06006 WHA, 2018 WL 7048788, at *1 (N.D. Cal. Dec. 21, 2018), the court determined that no reasonable consumer could be deceived concerning the product's sugar content when the product's label plainly disclosed the amount of sugar in the product.

Summary of this case from Cheslow v. Ghirardelli Chocolate Co.
Case details for

Clark v. Perfect Bar, LLC

Case Details

Full title:HOWARD CLARK and MICHAEL SIMS on behalf of themselves, those similarly…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Dec 21, 2018

Citations

No. C 18-06006 WHA (N.D. Cal. Dec. 21, 2018)

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