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Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling

By Baldassare Vinti, Jennifer Yang & Isaiah D. Anderson on January 5, 2023
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Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that the products provide physical health benefits.  In their complaint, plaintiffs alleged that the products are “harmful both nutritionally and developmentally” due to allegedly high levels of free sugars. In rejecting these claims, the Court found that plaintiffs’ allegations were based on speculative research findings and hypothetical scenarios, which did not adequately allege that defendant’s products are per se harmful.  Davidson v. Sprout Foods Inc., No. 22-cv-01050-RS (N.D. Cal. Oct. 21, 2022).

Pointing to statements such as “3g of Protein, 4g of Fiber and 300mg Omega-3 from Chia ALA” and other “nutrient content claims”, plaintiffs alleged that the products’ advertising communicate health benefits for developing children.  Using this interpretation as a springboard, Plaintiffs alleged that the products’ advertising is false and misleading because the products contain high amounts of free sugars and are stored in pouches, which plaintiffs allege may be harmful to developing children.

In dismissing these claims, the Court found that plaintiffs failed to describe “at what point ‘high’ sugar content crosses into harmful levels (or even why, in particular, these sugar levels are harmful).” And for their allegations that pouched food may be unhealthy, plaintiffs relied on speculative research findings – for example, that pouches “may lead to long term health risks” or may be harmful if overly relied on by parents. Plaintiffs also did not allege why the purported risks outweighed any potential benefits of the products, such as providing protein or fiber to consumers. Noting that a California Court of Appeal has cautioned against allowing lawsuits to go forward that “rely on inferential leaps and which could ultimately place almost any advertisement truthfully touting a product’s attributes at issue for litigation,” the Court found plaintiffs failed to plausibly allege that the product labels here were false or misleading.

The plaintiffs’ bar is widely targeting health claims, including claims that foods and other goods may pose health risks because they allegedly contain certain ingredients or contaminants.  This case serves as a helpful reminder that it is often the dose that makes the poison, and it is not enough for plaintiffs to allege the mere presence of a substance, and speculative possible health risks that may result, to state a claim.

***

Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at bvinti@proskauer.com /212-969-3249

Photo of Baldassare Vinti Baldassare Vinti

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies…

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies and universities in patent, trade secret, false advertising, consumer class actions and technology-related breach of contract litigation in federal and state courts as well as before the International Trade Commission.

Baldo is particularly sought after for his courtroom skill and strategic depth, having led trials, arbitrations and appeals in high-stakes disputes involving technologies ranging from pharmaceuticals and medical devices to encryption, digital media, diagnostics, mobile platforms and software. Baldo has represented global corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc. and Zenith Electronics LLC.

With a background in pharmacy, Baldo brings deep domain expertise to pharmaceutical litigation. He has a proven record of driving successful outcomes in complex pharmaceutical milestone payment, royalty and licensing disputes—often stemming from collaboration agreements, co-development deals, and M&A transactions—where the financial and strategic stakes run high.

In addition to representing corporate clients, Baldo works closely with university innovation and technology transfer offices to maximize the financial return of research investments. He develops tailored IP asset optimization strategies and aggressively enforces intellectual property rights to protect and monetize core innovations—whether through high-value licensing agreements, shaping and advancing spin-out company development, or successful litigation.

Baldo also provides strategic counsel on IP due diligence, complex licensing, IP structuring, patentability and freedom-to-operate analyses, and infringement and validity opinions. He advises boards and executive teams on aligning IP strategy with business objectives, mitigating risk and maximizing the value of innovation assets.

A frequent author and commentator on intellectual property topics, Baldo has been quoted in the National Law Journal, Bloomberg BNA, Law360, Westlaw Journal and Inside Counsel magazine. He is also a regular contributor to articles published in Medical Product Outsourcing magazine that deal with the medical device industry.

Baldo served as a judicial intern for Hon. John E. Sprizzo of the United States District Court for the Southern District of New York and for Hon. Charles A. LaTorella of the New York Supreme Court.

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Photo of Jennifer Yang Jennifer Yang

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and…

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and National Advertising Review Board (NARB) as well as trademark, trade secret and copyright litigation. Jen represents clients in a variety of industries, including medical device companies, consumer products companies, cosmetics companies, food and beverage companies, fashion retailers, sports, entertainment and art foundations.

Jen regularly defends clients in threatened and filed consumer class actions. She has successfully helped clients defend cases around the country involving core product performance claims, ingredient claims, slack fill allegations, environmental and other ESG-related claims, pricing disputes, health claims, and allegations of undisclosed PFAS and other contaminants. Jen has extensive experience litigating matters involving foods, drugs, medical devices, dietary supplements and cosmetics, and is proficient on the impact of the regulatory frameworks governing these products on consumer class action defense.

Jen also frequently represents both plaintiffs/challengers and defendants/advertisers in competitor Lanham Act cases and challenges before NAD and NARB. She brings her deep experience in litigation strategy and subject matter expertise to each case to achieve the best possible outcome for her clients.

A core part of Jen’s practice includes counseling clients on advertising and claim substantiation. She leverages her expertise in NAD, regulatory guidance (including the FTC Endorsement Guides, Green Guides and Negative Option Rule), state consumer protection statutes and consumer class action trends to work closely with clients and their marketers to help develop compelling marketing campaigns and messaging while minimizing legal risk. Jen also partners with clients’ R&D teams to help develop robust claim substantiation in accordance with best legal practices, including clinical studies, in vitro testing, sensory studies, home use tests, and consumer and expert surveys.

Jen is a regular speaker at ANA’s Masters of Advertising Law Conference, and is an author and editor of Proskauer’s advertising law blog, Proskauer on Advertising.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Proskauer on Advertising Law
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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