Foley Secures Dismissal for KLN Enterprises in False Advertising Class Action

Foley & Lardner LLP successfully represented KLN Enterprises, Inc. in the complete dismissal of a proposed class action in California federal court. The lawsuit alleged that KLN Enterprises falsely advertised its Wiley Wallaby licorice as “naturally flavored” because the product included malic acid as an ingredient, which the plaintiff claimed was artificial.

The court found that the plaintiff’s claims did not meet the heightened pleading standards required for fraud. Furthermore, the court determined that the plaintiff failed to plausibly allege that the product’s labeling was false or misleading.

Additionally, the court ruled that the plaintiff’s claims did not satisfy the reasonable consumer standard under California law, and the plaintiff lacked standing to pursue injunctive relief.

The Foley team representing KLN Enterprises was led by partner Jai Singh and included associate Kelsey Finn.