False Labeling • Motion for Sanctions • Failure to Conduct Reasonable Pre-Complaint Investigation

Hu v. Herr Foods, Inc., PICS Case No. 17-0743 (E.D. Pa. April 24, 2017) Robreno, J. (33 pages).

Plaintiff’s claim for misleading product package statements failed because plaintiff failed to plead that the citric acid ingredient in defendant’s products acted as a preservative in those products and therefore made the products’ “No Preservatives Added” label misleading. Motion to dismiss granted, in part with prejudice and in part without prejudice to amend.