Bad Break For BelVita Breakfast Biscuits

Earlier this week, Judge Cynthia Bashant of the Southern District of California granted a plaintiff's second bite at the apple (or rather biscuit) to certify a class of purchasers of belVita breakfast biscuits in McMorrow v. Mondelez International, Inc.  The plaintiff alleged that Mondelez falsely labeled its belVita biscuits as providing "NUTRITIOUS SUSTAINED ENERGY;"  "NUTRITIOUS STEADY ENERGY ALL MORNING;" and "4 HOURS OF NUTRITIOUS STEADY ENERGY." The plaintiff contended those statements were false or misleading in violation of California and New York law because the breakfast biscuits are not nutritious, and actually contain high amounts of added sugar and can increase the risk of serious diseases, including CHD, stroke, and other morbidity.