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Podpeskar v. Dannon Co. Inc.

Suit Over Yogurt's Deceptive Use of 'Natural' Dismissed; Claims Conclusory, Speculative

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OPINION & ORDER

*1  i n this case, plaintiff alleges that she was deceived by defendant’s yogurt labels — which proclaimed its products to be “natural.” She alleges that where the cows that produced the milk that produced the yogurt, may, at some point, have eaten feed made from corn that was genetically modified, or been raised using hormones and certain milk production methods, the word “natural” is deceptive.On October 31, 2016, plaintiff Polly Podpeskar, a Minnesota resident and yogurt consumer, filed suit against defendant Dannon Company, Inc. (“Dannon”), seeking to certify a class action on behalf of herself and putative Minnesota, multi-state, and national classes. (ECF No. 1.) Her complaint alleges violations of various Minnesota and other state-law claims. She challenges the “Natural” label on twelve different varieties of yogurt products (the “Products”), claiming that a reasonable consumer would not deem the Products to be All Natural if he or she knew that the Products contained ingredients ‘derived’ either from cows that are fed

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