Tamas

FACTS

Tamas filed her complaint in April 2012, on behalf of herself and a class of similarly situated consumers who have purchased “Lucerne Greek yogurt” from Safeway stores, believing it was “classic Greek yogurt” which achieves its thicker consistency and high protein content as a result of straining. She alleged Safeway had misbranded its “Lucerne Greek yogurt” as yogurt, because the product’s listed ingredients include MPC, which was used as an artificial thickener, and to increase its protein content, but is not an ingredient permitted in any product labeled as “yogurt.”

2 Specifically, Tamas alleged the FDA has promulgated a regulation specifying the “Standard of Identity” (SOI) for yogurt. This SOI sets forth the definition of “yogurt” and follows it with a restrictive list of the ingredients that may be included within any product labeled as “yogurt.” She also alleged that pursuant to the federal Nutrition Labeling and Education Act of 1990, the states are preempted from adopting their own standards for food labeling which are inconsistent with the federal SOI. Thus, California has adopted the federal SOI for yogurt as California’s own pursuant to the Sherman Food, Drug,…