Last year we reported on a class-action lawsuit which alleged that a product described as “brown bread,” and which contained oat and rye flakes on the crust and a “no artificial preservatives or flavors” label claim, deceived consumers by creating the appearance of a healthier product consisting primarily of whole grains. In reality, the product consisted primarily of refined enriched grains, although it also contained some whole grains.

Last week, the Court rejected Plaintiff’s fraud claims because the labeling made no reference to the quantity of whole grains, nor did it even refer to “whole wheat” or “whole grain.”

The Court also dismissed breach of warranty claims because no notice had been given to Defendant of the breach; a negligent misrepresentation claim because, absent certain exceptions the court deemed inapplicable, such a claim cannot stand on economic loss alone; and an unjust enrichment claim because it was premised on the fraud claims. Additionally, the Court dismissed for lack of standing Plaintiff’s request for injunctive relief because by bringing action, Plaintiff demonstrated awareness of the alleged deficiency in the product, and therefore was unlikely to sustain future harm.

Plaintiff’s claims, with the exception of the negligent misrepresentation claim, were dismissed without prejudice so Plaintiff may amend the complaint and refile by January 26, 2023.