This case was last updated from U.S. District Courts on 09/12/2022 at 07:01:32 (UTC).

Thames v. Mars, Inc.

Case Summary

On July 14, 2022, Jenile Thames, individually and on behalf of all others similarly situated (“Plaintiff”), represented by L. Timothy Fisher of Bursor & Fisher, P.A., filed a class action personal property fraud lawsuit against Mars, Inc. (“Defendant”), seeking declaratory and injunctive relief with damages for allegedly deceiving reasonable consumers by misleading marketing, advertising, packaging, and labeling of its product. This case was filed in the U.S. District Court for the Northern District of California, with Judge Laurel Beeler presiding. 

In the complaint, the plaintiff alleged, “Plaintiff brings this class action lawsuit on behalf of himself and similarly situated consumers (‘Class Members’) who purchased for personal, family, or household consumption, Defendant’s candies sold under the brand name ‘Skittles’ (the ‘Products’), which are unfit for human consumption because they contain titanium dioxide (‘TiO2’), a known toxin. Defendant has long known of the health problems posed by TiO2. In fact, in February 2016, Defendant publicly committed to phasing out TiO2. But Defendant has flouted its own promise to consumers. More than six years later, Defendant continues to sell the Products with TiO2, unbeknownst to reasonable consumers who purchase the Products.” 

The plaintiff further alleged, “Interestingly, in its February 2016 press release, Defendant blew smoke, suggesting that its planned phase out of TiO2 was called for simply because ‘consumers today are calling on food manufacturers to use more natural ingredients in their products.’ Incredibly, Defendant even claimed that ‘[a]rtificial colors pose no known risks to human health or safety.’ In doing so, Defendant concealed from consumers material information it knew. Namely, that numerous of its competitors and other food manufacturers had long removed the toxin from their product lines because of scientific research showing that the toxin is unsafe for consumption.”

The plaintiff then alleged, “Nonetheless, in the United States, Defendant maintains sales with TiO2 as an additive, failing to inform consumers of the implications of consuming the toxin. Instead, Defendant relies on the ingredient list which is provided in miniscule print on the back of the Products, the reading of which is made even more challenging by the lack of contrast in color between the font and packaging, as set out below in a manner in which consumers would normally view the product in the store.”

The plaintiff additionally alleged, “Based on Defendant’s omissions, a reasonable consumer would expect that the Product can be safely purchased and consumed as marketed and sold. However, the Products are not safe and pose a significant health risk to unsuspecting consumers. Yet, neither before nor at the time of purchase does Defendant notify consumers like Plaintiff that the Products are unsafe to consumers, contain heightened levels of titanium dioxide, and should otherwise be approached with caution.”

The plaintiff listed eight claims for relief, including allegations of fraud, unjust enrichment, breach of implied warranty under the Song-Beverly Act and California Commercial Code, and further violations of California’s Unfair Competition Law, California’s Consumers Legal Remedies Act, California Civil Code, and California’s False Advertising Law.

In the prayer for relief, the plaintiff requested a judgment seeking a declaration that the defendant’s conduct violates the statutes referenced herein, along with injunctive relief. Plaintiff also requested an award for compensatory, statutory, and punitive damages along with prejudgment interest, restitution, and reasonable attorneys’ fees, expenses, and costs of suit.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-04145

  • Filing Date:

    07/14/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

James Donato

 

Party Details

Plaintiff

Jenile Thames

Defendant

Mars, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

L. Timothy Fisher

Elvia Lopez

Sean L. Litteral

Defendant Attorneys

Stephen David Raber

David Michael Horniak

 

Court Documents

#17

(#17) ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge James Donato on 8/29/2022. (jdlc1, COURT STAFF) (Filed on 8/29/2022) (Entered: 08/29/2022)

#16

(#16) STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS filed by Mars, Inc.. (Horniak, David) (Filed on 8/26/2022) (Entered: 08/26/2022)

15 #2

Proposed Order

15 #1

Declaration of L. Timothy Fisher

15 #15

Main Document

#14

(#14) NOTICE of Appearance by Stephen David Raber (Raber, Stephen) (Filed on 8/5/2022) (Entered: 08/05/2022)

#13

(#13) Certificate of Interested Entities by Mars, Inc. (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

#12

(#12) STIPULATION to Extend Time to Respond to the Complaint filed by Mars, Inc.. (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

#11

(#11) NOTICE of Appearance by David Michael Horniak on behalf of Mars, Incorporated (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

#10

(#10) SUMMONS Returned Executed by Jenile Thames. Mars, Inc. served on 7/20/2022, answer due 8/10/2022. (Fisher, L.) (Filed on 7/28/2022) (Entered: 07/28/2022)

#9

(#9) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 10/6/2022. Signed by Judge James Donato on 7/20/2022. (lrc, COURT STAFF) (Filed on 7/20/2022) (Entered: 07/20/2022)

8 #1

Notice of Eligibility for Video Recording

8 #8

Main Document

#6

(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jenile Thames.. (Fisher, L.) (Filed on 7/18/2022) (Entered: 07/18/2022)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/6/2022. Initial Case Management Conference set for 10/13/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (ark, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)

#4

(#4) Summons Issued as to Mars, Inc.. (ark, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)

#2

(#2) Proposed Summons. (Fisher, L.) (Filed on 7/14/2022) (Entered: 07/14/2022)

1 #1

Main Document

7 More Documents Available
View All Documents

 

Docket Entries

  • 08/29/2022
  • View Court Documents

  • Docket(#17) ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge James Donato on 8/29/2022. (jdlc1, COURT STAFF) (Filed on 8/29/2022) (Entered: 08/29/2022)

    [+] Read More [-] Read Less
  • 08/26/2022
  • View Court Documents

  • Docket(#16) STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS filed by Mars, Inc.. (Horniak, David) (Filed on 8/26/2022) (Entered: 08/26/2022)

    [+] Read More [-] Read Less
  • 08/19/2022
  • View Court Documents

  • Docket(#15) MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Jenile Thames. Motion Hearing set for 10/6/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/2/2022. Replies due by 9/9/2022. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order)(Fisher, L.) (Filed on 8/19/2022) (Entered: 08/19/2022)

    [+] Read More [-] Read Less
  • 08/05/2022
  • View Court Documents

  • Docket(#14) NOTICE of Appearance by Stephen David Raber (Raber, Stephen) (Filed on 8/5/2022) (Entered: 08/05/2022)

    [+] Read More [-] Read Less
  • 08/05/2022
  • View Court Documents

  • Docket(#13) Certificate of Interested Entities by Mars, Inc. (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

    [+] Read More [-] Read Less
  • 08/05/2022
  • View Court Documents

  • Docket(#12) STIPULATION to Extend Time to Respond to the Complaint filed by Mars, Inc.. (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

    [+] Read More [-] Read Less
  • 08/05/2022
  • View Court Documents

  • Docket(#11) NOTICE of Appearance by David Michael Horniak on behalf of Mars, Incorporated (Horniak, David) (Filed on 8/5/2022) (Entered: 08/05/2022)

    [+] Read More [-] Read Less
  • 07/28/2022
  • View Court Documents

  • Docket(#10) SUMMONS Returned Executed by Jenile Thames. Mars, Inc. served on 7/20/2022, answer due 8/10/2022. (Fisher, L.) (Filed on 7/28/2022) (Entered: 07/28/2022)

    [+] Read More [-] Read Less
  • 07/20/2022
  • View Court Documents

  • Docket(#9) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 10/6/2022. Signed by Judge James Donato on 7/20/2022. (lrc, COURT STAFF) (Filed on 7/20/2022) (Entered: 07/20/2022)

    [+] Read More [-] Read Less
  • 07/19/2022
  • View Court Documents

  • Docket(#8) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to 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. Signed by Clerk on 07/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 7/19/2022) (Entered: 07/19/2022)

    [+] Read More [-] Read Less
  • 07/18/2022

  • Docket(#7) 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. (ejk, COURT STAFF) (Filed on 7/18/2022) (Entered: 07/18/2022)

    [+] Read More [-] Read Less
  • 07/18/2022
  • View Court Documents

  • Docket(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jenile Thames.. (Fisher, L.) (Filed on 7/18/2022) (Entered: 07/18/2022)

    [+] Read More [-] Read Less
  • 07/15/2022
  • View Court Documents

  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/6/2022. Initial Case Management Conference set for 10/13/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (ark, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)

    [+] Read More [-] Read Less
  • 07/15/2022
  • View Court Documents

  • Docket(#4) Summons Issued as to Mars, Inc.. (ark, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)

    [+] Read More [-] Read Less
  • 07/15/2022

  • 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/29/2022. (jlg, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)

    [+] Read More [-] Read Less
  • 07/14/2022
  • View Court Documents

  • Docket(#2) Proposed Summons. (Fisher, L.) (Filed on 7/14/2022) (Entered: 07/14/2022)

    [+] Read More [-] Read Less
  • 07/14/2022
  • View Court Documents

  • Docket(#1) COMPLAINT against Mars, Inc. ( Filing fee $ 402, receipt number ACANDC-17352426.). Filed byJenile Thames. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 7/14/2022) (Entered: 07/14/2022)

    [+] Read More [-] Read Less

Why is this public record being published online?

UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. By continuing to use this website, you agree to UniCourt’s General Disclaimer, Terms of Service, Cancellation and Refund Policy, Privacy Policy, and Public Records Policy. If you do not agree with these terms, then do not use our website and/or services.