Clif Bar agrees to $10.5M lawsuit settlement to resolve false advertising claims

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Clif Bar healthy class action settlement overview:

  • Who: Clif Bar & Co. has agreed to pay $10.5 million to resolve consumer claims it falsely advertised its Clif Bars were healthy.
  • Why: Consumers claimed the Clif Bars were misleadingly labeled as healthy, arguing that, in reality, they got 37% of their calories from added sugars.
  • Where: The class action lawsuit was filed in California federal court.

Clif Bar & Co. has agreed to pay $10.5 million to resolve claims it used misleading labeling to falsely advertise that its Clif Bars were healthy, despite them allegedly containing a large amount of sugar.

Plaintiffs Ralph Milan and Elizabeth Arnold filed a motion for preliminary approval of the settlement in California federal court last week.

“Settling ensures class members receive some compensation now, while avoiding the risk of an unfavorable decision on liability or damages at a trial, or the possibility of significant appeal delay after trial, even with a favorable verdict,” the motion for preliminary approval states.

Milan and Arnold claimed in a May 2018 class action lawsuit that Clif Bar had used labeling such as the “nutritious” text to mislead its customers into believing its Clif Bars — including those specifically marketed to kids — were healthy.

In addition to the financial compensation, Clif Bar has agreed to make changes to the labeling for its Clif Bars and Clif Kid Zbars which have at least 10% of their calories made up by added sugars, per the settlement.

Consumers say 37% of Clif Bar’s calories were added sugars

Milan and Arnold argued in their complaint that 37% of the calories found in Clif Bars and Clif Kid Zbars were made up of added sugar.

The consumers claimed Clif Bar was in violation of California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Lawalong with New York’s False Advertising and Deceptive Practices Law.

Clif Bar maintains it has not committed any violations and that the term “health” does not have an objective definition, Law360 reported.

The company previously filed a motion for summary judgment, but the judge overseeing the complaint denied that motion in February.

Clif Bar has been hit with a class action lawsuit in the past.

In 2019, a federal judge ruled Clif Bar would have to face a class action lawsuit claiming the company misled consumers by advertising that its Clif Bars contained real white chocolate.

Have you a Clif Bar or a Clif Kid Zbar? Let us know in the comments!

The plaintiffs are represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn and Caroline S. Emhardt of Fitzgerald Joseph LLP.

The Clif Bar false advertising class action lawsuit is Milan, et al. v. Clif Bar & Co., Case No. 3:18-cv-02354, in the US District Court for the Northern District of California.

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