DTO Law, with offices in Los Angeles and San Francisco, has successfully secured dismissal of a false advertising class action filed against Target Corporation.
In Salazar v. Target Corporation, the plaintiff accused Target and Walmart of misleading consumers into believing its “White Baking Morsels” and “White Baking Chips,” respectively, are made with white chocolate, even though the word “chocolate” does not appear on the packages, in the product names, or in the ingredients. The plaintiff argued that the “advertising, marketing, labeling, and placement” of the white morsels led consumers to believe the product was indeed white chocolate.
William Delgado and Lauren Hudecki, the DTO lawyers representing Target Corporation, argued successfully that “no reasonable consumer could be misled by the labeling, packaging, or product placement to think that the products are made with white chocolate.” The ruling, published on September 1, 2020, sustained the demurrer without leave to amend. The order concludes by stating, “Plaintiff has had three opportunities to plead a cause of action against Walmart and four opportunities against Target. It is evident he cannot allege facts sufficient to constitute a cause of action against either defendant.” Plaintiff has filed a notice of appeal. Read more here: https://dtolaw.com/dto-law-defeats-class-action-lawsuit-filed-against-target-corporation-at-the-pleadings-stage