Faruqi & Faruqi Beats Motion to Dismiss in Sun-Maid Litigation
Faruqi & Faruqi Beats Motion to Dismiss in Sun-Maid Litigation
On July 29, 2025, Chief Judge Cynthia Bashant of the Southern District of California denied in part Sun-Maid’s Motion to Dismiss.
In this hotly contested litigation, Plaintiff alleges that Defendant’s “Vanilla Yogurt Covered Raisins” and “Strawberry & Vanilla Yogurt Covered Raisins” (the “Products”) are falsely advertised as “yogurt covered.” The labelling of the Products is misleading because they are not coated in yogurt, or any product derived from yogurt, but with a “highly-processed candy coating” according to the complaint.
The Court denied, in part, Defendant’s motion to dismiss Plaintiff’s claims. Accordingly, Plaintiffs will continue to vigorously litigate the California Consumers Legal Remedies Act (“CLRA”), California False Advertising Law (“FAL”), California Unfair Competition Law (“UCL”), and its express warranty claim.