General Mills

We successfully defended General Mills against a class action alleging that the packaging of the company’s “Total Blueberry Pomegranate” flavored cereal could lead consumers to believe the product contains real blueberries and pomegranates, even though the cereal in fact is naturally and artificially flavored. O’Melveny persuaded the district court to dismiss all claims. The court held that plaintiff’s state law claims were preempted by governing federal food labeling regulations and the packaging is neither false nor misleading. O’Melveny is also currently defending General Mills against several class actions brought on behalf of purchasers of Yoplait brand Yo-Plus Yogurt.