Agriculture
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March 12, 2021
The plaintiffs litigating a false advertising case concerning the amount of sugar contained in certain Kellogg Sales Company’s cereals submitted a motion for preliminary settlement approval on Wednesday. The new settlement reportedly improves on the last by tailoring certain provisions, like the release of claims and class products, more narrowly.
The motion, filed in the Northern District of California, explains that the parties’ proposed settlement has been denied twice, in February and in November 2020. The first time, the court took issue with five different aspects of the agreement. The cause of the most recent denial was the court’s concern with the release language and with the settlement’s ability to meet the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) given the scope of the settlement class. Subsequently, the parties continued settlement discussions and reached the agreement now before the court.