Jessica M. Karmasek Aug. 23, 2013, 3:30pm

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

Judge Edward Davila for 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.

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; and 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.

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

"This Court finds that the Amended Complaint does not provide a clear and particular account of the allegedly fraudulent, deceptive, misrepresentative, or otherwise unlawful statements," the judge wrote in his 11-page order.

"The Amended Complaint fails to unambiguously specify the particular products that have violated particular labeling requirements, the allegedly unlawful representations that were on the products, and the particular statements Plaintiff allegedly relied on when making his purchases."

However, Davila permitted Bishop to further amend his complaint.

Bishop, through attorney Ben F. Pierce Gore of San Jose law firm Pratt & Associates, submitted his second amended complaint Tuesday.

From Legal Newsline: Reach Jessica Karmasek by email at

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