Soy Milk Maker Pushes For Dismissal Of Vanilla False Ad Claims

The Hain Celestial Group Inc. is asking a New York federal judge to throw out a suit alleging that its vanilla soy milk misleads consumers into thinking it’s made exclusively with vanilla extract, according to a report in Law 360. The motion to dismiss argues that any reasonable buyers understand the “vanilla” in the product’s name refers to its flavoring, not a promise about ingredients.

The proposed class action filed in June argued that The Hain Celestial Group Inc.’s Organic Plus Vanilla Soymilk was mislabeled as vanilla and failed to disclose artificial, nonvanilla flavors. The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP, who have both filed numerous claims about vanilla products along the same lines.

Sheehan represents consumers in a number of recent vanilla-related suits filed over the last year, including suits against Friendly’s, Blue Diamond, Wegmans Food Markets and Mars Inc.