LimNexus LLP was recently successful in defeating plaintiff’s motion for class certification on behalf of firm client Kay’s Naturals, Inc. LimNexus partner Nick Begakis led the team representing Kay’s, a manufacturer of healthy snacks based in Minnesota. Plaintiff alleged claims on behalf of a nationwide class of consumers that purchased Kay’s products with the term “evaporated cane juice” displayed in the ingredients list. During a bench trial on the issue of likelihood of deception early in the case, the Court indicated that it was inclined to find the label deceptive as a matter of law. Mr. Begakis successfully argued in his closing that the mere display of the term in the ingredients list was not per se deceptive. Subsequently, on class certification, Mr. Begakis succeeded in arguing that the term “evaporated cane juice” was not objectively misleading. The case remains pending in Riverside County Superior Court on plaintiff’s individual claims. Aros v. Kay’s Naturals, Inc., Riverside Superior Court Case No. RIC1709554.
LimNexus LLP is a minority-owned law firm committed to promoting a diverse profession, and offers top quality legal representation. The firm maintains offices in Los Angeles, San Francisco, and Washington DC.