This case was last updated from U.S. District Courts on 11/21/2021 at 07:15:46 (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

Vince Chhabria

 

Party Details

Plaintiffs

Molly Brown

Adina Ringler

Christian Lemus

Defendant

Kellogg Company

Attorney/Law Firm Details

Plaintiff Attorneys

Seth Adam Safier

Marie Ann McCrary

Defendant Attorneys

Alexander Michael Smith

Dean N. Panos

 

Court Documents

#24

(#24) Order by Judge Vince Chhabria granting #20 Stipulation to Stay Deadline to File Responsive Pleading. (vclc3, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)

#23

(#23) Order by Judge Vince Chhabria granting #21 Stipulation to Continue CMC AS MODIFIED. Case Management Statement due by 12/29/2021. Initial Case Management Conference set for 1/5/2022 01:00 PM via Zoom. (vclc3, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)

#22

(#22) Certificate of Interested Entities by Molly Brown, Christian Lemus, Adina Ringler (Safier, Seth) (Filed on 11/15/2021) (Entered: 11/15/2021)

#21

(#21) STIPULATION WITH PROPOSED ORDER / Stipulation and Proposed Order to Continue Case Management Conference filed by Kellogg Company. (Panos, Dean) (Filed on 11/12/2021) (Entered: 11/12/2021)

#20

(#20) STIPULATION WITH PROPOSED ORDER re #1 Complaint /Stipulation and [Proposed] Order to Stay Deadline to File Responsive Pleading filed by Kellogg Company. (Panos, Dean) (Filed on 11/10/2021) (Entered: 11/10/2021)

#18

(#18) Case reassigned to Judge Vince Chhabria. Judge Edward M. Chen no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (haS, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

#17

(#17) RELATED CASE ORDER. Signed by Judge Vince Chhabria on 10/18/2021. (vclc3S, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

#16

(#16) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 1/20/2022 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 1/13/2022. Signed by Judge Edward M. Chen on 10/12/2021. (afmS, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

#14

(#15) ORDER by Judge Edward M. Chen granting #14 Stipulation to Continue Deadline to File Responsive Pleading and Set Briefing Schedule. Kelloggs deadline to file a Rule 12 motion or other responsive pleading shall be continued from 10/18/2021 to 11/17/2021. Opposition due 12/17/2021; reply due 1/4/2022; hearing to take place on 1/20/2022 at 1:30PM. (afmS, COURT STAFF) (Filed on 10/8/2021) (Entered: 10/08/2021)

#9

#8

#7

#6

#5

#4

#2

1 #1

Civil Cover Sheet

#1

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Docket Entries

  • 11/17/2021
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  • Docket(#24) Order by Judge Vince Chhabria granting #20 Stipulation to Stay Deadline to File Responsive Pleading. (vclc3, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)

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  • 11/17/2021
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  • Docket(#23) Order by Judge Vince Chhabria granting #21 Stipulation to Continue CMC AS MODIFIED. Case Management Statement due by 12/29/2021. Initial Case Management Conference set for 1/5/2022 01:00 PM via Zoom. (vclc3, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)

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  • 11/15/2021
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  • Docket(#22) Certificate of Interested Entities by Molly Brown, Christian Lemus, Adina Ringler (Safier, Seth) (Filed on 11/15/2021) (Entered: 11/15/2021)

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  • 11/12/2021
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  • Docket(#21) STIPULATION WITH PROPOSED ORDER / Stipulation and Proposed Order to Continue Case Management Conference filed by Kellogg Company. (Panos, Dean) (Filed on 11/12/2021) (Entered: 11/12/2021)

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  • 11/10/2021
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  • Docket(#20) STIPULATION WITH PROPOSED ORDER re #1 Complaint /Stipulation and [Proposed] Order to Stay Deadline to File Responsive Pleading filed by Kellogg Company. (Panos, Dean) (Filed on 11/10/2021) (Entered: 11/10/2021)

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  • 10/19/2021

  • Docket(#19) REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 12/1/2021. Initial Case Management Conference set for 12/8/2021 at 01:00 PM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances:< /b< Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, December 3rd, 2021, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. p< (This is a text-only entry generated by the court. There is no document associated with this entry.). (bxsS, COURT STAFF) (Filed on 10/19/2021) (Entered: 10/19/2021)

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  • 10/18/2021
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  • Docket(#18) Case reassigned to Judge Vince Chhabria. Judge Edward M. Chen no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (haS, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#17) RELATED CASE ORDER. Signed by Judge Vince Chhabria on 10/18/2021. (vclc3S, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

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  • 10/12/2021
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  • Docket(#16) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 1/20/2022 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 1/13/2022. Signed by Judge Edward M. Chen on 10/12/2021. (afmS, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

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  • 10/08/2021
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  • Docket(#15) ORDER by Judge Edward M. Chen granting #14 Stipulation to Continue Deadline to File Responsive Pleading and Set Briefing Schedule. Kelloggs deadline to file a Rule 12 motion or other responsive pleading shall be continued from 10/18/2021 to 11/17/2021. Opposition due 12/17/2021; reply due 1/4/2022; hearing to take place on 1/20/2022 at 1:30PM. (afmS, COURT STAFF) (Filed on 10/8/2021) (Entered: 10/08/2021)

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4 More 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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