In re Kashi Co. Marketing & Sales Practices Litigation
This text of 959 F. Supp. 2d 1357 (In re Kashi Co. Marketing & Sales Practices Litigation) is published on Counsel Stack Legal Research, covering United States Judicial Panel on Multidistrict Litigation primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER DENYING TRANSFER
Before the Panel: Pursuant to 28 U.S.C. § 1407, plaintiff in a Southern District of California action (Saubers) seeks centralization in the Southern District of California of this litigation regarding the alleged mislabeling of certain food products made by defendant Kashi Company (Kashi). This litigation consists of four actions pending in two districts as listed on Schedule A. Plaintiffs in the two other Southern District of California actions support plaintiffs motion, and the District of New Jersey plaintiffs do not oppose the motion. Kashi does not oppose centralization.
On the basis of the papers filed and the hearing session held, we will deny the motion for centralization. Although all actions share some factual issues regarding whether Kashi inappropriately listed “evaporated cane juice” or “evaporated cane juice crystals” as ingredients in nu[1358]*1358merous food products,1 we are unconvinced, on the record before us, that those issues are sufficiently complex or numerous to warrant the creation of an MDL. Denying centralization is in accord with our previous decisions in other food product sales and marketing litigation. See, e.g., In re: Nutella Mktg. and Sales Pracs. Litig., 804 F.Supp.2d 1374 (J.P.M.L.2011) (denying centralization of three actions concerning “alleged misrepresentations of Nutella as a healthy and nutritious food”); In re: Skinnygirl Margarita Beverage Mktg. and Sales Pracs. Litig., 829 F.Supp.2d 1380, 1381 (J.P.M.L.2011) (denying centralization of six actions where “the central allegation that Skinnygirl Margarita beverage was marketed as being all natural despite some level of sodium benzoate appears to be undisputed”). Given the apparent lack of factual complexity in this controversy, the small number of actions and districts, and the correspondingly limited number of involved counsel, we conclude that centralization would not necessarily serve the convenience of the parties and witnesses or promote the just and efficient conduct of the actions.
Various mechanisms are available to minimize or eliminate the possibility of duplicative discovery even without an MDL. In these circumstances, informal cooperation among counsel and coordination among the involved courts are, in our judgment, preferable to formal centralization. Notices of deposition can be filed in all [1359]*1359related actions; the parties can stipulate that any discovery relevant to more than one action can be used in all those actions; or the involved courts may direct the parties to coordinate their pretrial activities. See In re Crest Sensitivity Treatment and Prot. Toothpaste Mktg. and, Sales Practices Litig., 867 F.Supp.2d 1348 (J.P.M.L. 2012). Because all parties are amenable to proceeding in the Southern District of California, counsel may wish to dismiss the New Jersey action and refile it in the Southern District of California or seek Section 1404 transfer of the District of New Jersey action to the Southern District of California.
IT IS THEREFORE ORDERED that the motion, pursuant to 28 U.S.C. § 1407, for centralization of these actions is denied.
SCHEDULE A
MDL No. 2456 — IN RE: KASHI COMPANY MARKETING AND SALES PRACTICES LITIGATION
Southern District of California
Nadine Saubers v. Kashi Company, C.A. No. 3:13-00899
Denelda Norwood v. Kashi Company, C.A. No. 3:13-00956
Jeanne Bums v. Kashi Company, C.A. No. 3:13-00959
District of New Jersey
Wendy Perel, et al. v. Kashi Company, C.A. No. 2:13-02369
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Cite This Page — Counsel Stack
959 F. Supp. 2d 1357, 2013 WL 4048299, 2013 U.S. Dist. LEXIS 112355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kashi-co-marketing-sales-practices-litigation-jpml-2013.