WASHINGTON (Legal Newsline) - The maker of a popular "all-in-one" meal product is fighting back against a lawsuit alleging it should have disclosed to customers it contains a certain bacteria.
Consumer Products Association earlier this year sued 310 Nutrition, which produces the "Shake All-In-One Meal" line of products. CPA sued under the District of Columbia Consumer Protection Procedures Act, alleging the shakes contain bacillus cereus.
That bacteria is associated with food poisoning, the suit says.
"Plaintiff's own testing and the various authorities referenced or cited throughout the complaint tell a very different story," a motion to dismiss filed April 7 in D.C. federal court says.
"Plaintiff attaches to the complaint test results from KML Laboratories, Inc... The motivation behind this testing is unclear, as Plaintiff curiously does not allege that any consumers have actually suffered food poisoning."
FDA guidance on bacillus cereus says it can cause food poisoning but it takes much larger exposure to it than what test results revealed about 310's products, the company says.
"Aside from undermining Plaintiff's entire theory of the case, this more fundamentally means that Plaintiff lacks both Article III and statutory standing to bring its claims on behalf of itself or the general public," the motion says.
CPA can't bring suit on behalf of the general public, under the DCCCPA, because the possibility of any class of consumers suffering an injury "is far too remote," the motion adds.
CPA seeks monetary relief, interest, trial by jury and all other just relief. It is represented by Mohaimina Haque of The Law Office of Mohaimina Haque PLLC in D.C. and J. Nelson Happy of The Law Office of J Nelson Happy PLLC in D.C.
310 is represented by Sascha Henry, James Glassman and Hannah Wigger of Sheppard, Mullin, Richter & Hampton.