In February 2022, a California federal judge held that a class action complaint against a yogurt manufacturer over possible non-vanilla flavoring in its vanilla yogurt could move forward, finding that the plaintiff’s allegation that scientific testing revealed that the flavoring was mostly likely synthetic and made mainly from ingredients other than the vanilla bean on the label was enough for the case to proceed. Two recent cases show a potential split in the vanilla bean road: Vanilla suits shouldn’t be written off entirely, though. Judges have also rejected vanilla labeling claims for fraud, breach of express and implied warranty, and unjust enrichment that were premised on the “groundless assertion that defendant’s label is materially misleading.” In addition, about a third of the vanilla suits brought in 2021 were voluntarily dismissed by plaintiffs. The court denied the plaintiff’s request to amend the complaint citing earlier vanilla flavoring cases with the same allegations that were dismissed in New York the two years prior. In late 2021, a federal district judge dismissed with prejudice a class action alleging misleading vanilla labeling claims. Several courts have signaled a low tolerance for vanilla cases.
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