Rosen v. Unilever U.S., Inc.

No. C 09–02563 JW, 2010 WL 4807100 (2010)

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Rosen v. Unilever U.S., Inc.

United States District Court for the Northern District of California
No. C 09–02563 JW, 2010 WL 4807100 (2010)

Facts

Unilever United States, Inc. (Unilever) (defendant) produced a food product used as a substitute for butter in cooking. Unilever marketed the product as a nutritious alternative to butter. Unilever stated in advertisements and on the product package that the product was made with a blend of nutritious oils and that the product was nutritionally better than butter. Additionally, Unilever ran a marketing campaign portraying the product as more nutritious than butter and repeated the statement that the product contained a blend of nutritious oils. Amnon Rosen (plaintiff) sued Unilever under California’s Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law, alleging that Unilever misrepresented the nutritional value and health qualities of the product in advertising and product labeling. Specifically, Rosen alleged that the wording on the product package and the statements in the marketing campaign claiming that the product was made with a blend of nutritious oils were misleading because the product contained partially hydrogenated oil, which Rosen alleged had no nutritional value and was a known cause of health problems. Unilever moved to dismiss for failure to state a claim.

Rule of Law

Issue

Holding and Reasoning (Ware, J.)

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