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On November 9, 2020, Judge Jeffrey Miller of the Southern District of California certified a class of California citizens alleging that Kroger violated various California consumer protection laws by mislabeling its breadcrumbs. The court rejected Kroger’s numerous arguments against certification, including its assertion that the Plaintiff could not show typicality because of unique reliance issues.
Plaintiff Shavonda Hawkins purchased Kroger breadcrumbs about six times per year from 2000 to July 2015. According to the complaint, during much of that period the breadcrumbs were made with partially hydrogenated oil (“PHO”) an ingredient that contains trace levels of trans fat but were labeled on the front label as “0g Trans Fat” beginning in 2008. Plaintiff alleged violations of California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, and she also asserted breach of warranty cl