This case was last updated from PACER on 10/01/2021 at 12:52:21 (UTC).

Brown et al v. Kellogg Company

Case Summary

On September 22, 2021, Molly Brown, Adina Ringler and Christian Lemus (collectively, “Plaintiffs”), represented by Seth Adam Safier of Gutride Safier LLP, filed a personal property fraud lawsuit against Kellogg Company (“Kellogg” or “Defendant”), seeking damages and cost of the suit, among other reliefs, for the alleged unlawful, deceptive, fraudulent and unfair business practices of the Defendants. The case was filed in U.S. District Court in the Northern District of California with Judge Laurel Beeler presiding.

 

In the complaint, the Plaintiffs alleged that, “In truth, however, Defendant’s products do not deliver the amount of protein that the labels claim. Based on amino acid content testing, Defendant’s products contain less protein than claimed, meaning, for example, rather than containing 16 grams of protein per serving, the MorningStar Farms Veggie Burger Grillers Original product actually contain only 10.58 grams (i.e., an overstatement by approximately 51%).”

 

The Plaintiffs further alleged that, “Further, Defendant uses proteins of low biological value to humans in their products, such as wheat and oat proteins. Accordingly, when the protein content is adjusted for poor quality based on the FDA mandated “Protein Digestibility Corrected Amino Acid'' score (“PDCAAS”), Defendant’s products provide even less protein per serving than amino acid content testing alone reveals. Wheat protein typically has a PDCAAS score of between 0.3 and 0.4, meaning only 30-40% of the protein from those sources will be digested and available to humans. Oat protein typically has a PDCAAS score of between .45 and .51.”

 

The Plaintiffs also alleged that, “Defendant’s misrepresentations and misbranding caused Plaintiffs and members of the class to pay a price premium for the products.”

 

There are five claims of relief laid down by the Plaintiffs. The first claim is for alleged violation of the Consumer Legal Remedies Act (the “CLRA”) and California Civil Code § 1750, et seq. The second claim for relief deals with the false advertising, Business and Professions Code § 17500, et seq. (“FAL”). The third claim is for common law fraud, deceit and/or misrepresentation by the Defendants. The fourth claim is for alleged unlawful, unfair and fraudulent trade practices violation of Business and Professions Code § 17200, et seq. The fifth claim for relief deals with unjust enrichment.

 

In their prayer for relief, the Plaintiffs requested the Court for certification of the proposed Class, including appointment of Plaintiffs’ counsel as class counsel. The Plaintiffs further requested the Court for an order that temporarily and permanently enjoins Defendant from continuing the unlawful, deceptive, fraudulent and unfair business practices; an award for damages including statutory, compensatory, punitive and treble damages; and reasonable attorneys’ fees and costs of suit incurred or any other relief that the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-07388

  • Filing Date:

    09/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Laurel Beeler

 

Party Details

Plaintiffs

Molly Brown

Adina Ringler

Christian Lemus

Defendant

Kellogg Company

Attorney/Law Firm Details

Plaintiff Attorney

Seth Adam Safier

Attorney at Gutride Safier LLP

100 Pine Street, Suite 1250

San Francisco, CA 94111

 

Court Documents

#9

(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kellogg Company.. (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

#8

(#8) Certificate of Interested Entities by Kellogg Company (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

#7

(#7) NOTICE of Appearance by Alexander Michael Smith on behalf of Defendant Kellogg Company (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

#6

(#6) Summons Issued as to Kellogg Company. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/16/2021. Initial Case Management Conference set for 12/23/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

#4

(#4) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Molly Brown, Christian Lemus, Adina Ringler.. (Safier, Seth) (Filed on 9/23/2021) (Entered: 09/23/2021)

#2

(#2) Proposed Summons. (Safier, Seth) (Filed on 9/22/2021) (Entered: 09/22/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16419354.). Filed byMolly Brown, Christian Lemus, Adina Ringler. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 9/22/2021) (Entered: 09/22/2021)

 

Docket Entries

  • 09/30/2021
  • Docket(#10) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 9/30/2021) (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kellogg Company.. (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#8) Certificate of Interested Entities by Kellogg Company (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#7) NOTICE of Appearance by Alexander Michael Smith on behalf of Defendant Kellogg Company (Smith, Alexander) (Filed on 9/30/2021) (Entered: 09/30/2021)

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  • 09/23/2021
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  • Docket(#6) Summons Issued as to Kellogg Company. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/16/2021. Initial Case Management Conference set for 12/23/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#4) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Molly Brown, Christian Lemus, Adina Ringler.. (Safier, Seth) (Filed on 9/23/2021) (Entered: 09/23/2021)

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  • 09/23/2021
  • Docket(#3) Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/7/2021. (mbcS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

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  • 09/22/2021
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  • Docket(#2) Proposed Summons. (Safier, Seth) (Filed on 9/22/2021) (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16419354.). Filed byMolly Brown, Christian Lemus, Adina Ringler. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 9/22/2021) (Entered: 09/22/2021)

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