7-Eleven Class Action Dismissed

Plaintiff claimed retailer mislabeled its food products

SAN JOSE, Calif. -- A federal judge has dismissed a proposed class action filed against convenience store chain 7-Eleven Inc. for allegedly mislabeling its food products, according to a Legal Newsline report.

Judge Edward Davila of the U.S. District Court for the Northern District of California San Jose Division said in his Aug. 5 order that the plaintiffs were not specific enough in their allegations. A 7-Eleven spokesperson offered no comment on the ruling.

Plaintiff Scott Bishop, who filed the putative class action against 7-Eleven in 2012, alleged that the labeling on several of the company’s food products, as well as websites related to the products, contain statements amounting to “misbranding” and “deception” in violation of California and federal laws.

In particular, the plaintiffs alleged that 7-Eleven did not comply with state and federal regulations when: Making nutrient content claims

  • Making “all natural” and “fresh” claims
  • Failing to disclose the presence of artificial colors and flavors
  • Using allegedly “slack-filled” containers to deceive consumers into believing they are receiving more than they actually are.

The plaintiffs argued that the labeling on the products at issue constitutes an express warranty. He questioned labels such as "0 Trans Fats" and "No Cholesterol."

Davila rejected the argument, finding that the plaintiffs failed to state a claim for a violation of the act, accoring to the report.