Barilla Citric Acid Suit Partially Dismissed

An Illinois federal court has dismissed part of a lawsuit alleging that Barilla America Inc. misleads consumers about whether its sauce contains preservatives because it contains citric acid. Kubulius v. Barilla Am Inc., No. 19-6656 (N.D. Ill., E. Div., entered July 2, 2019). The court declined to apply Illinois law, finding that the plaintiff’s claim was based “on a single statement he claims to have seen on a single product label during a straightforward retail purchase transacted in New York.” Further, the court noted, “apparent from the complaint is that plaintiff’s statutory and common law consumer fraud claims cannot feasibly be maintained as a nationwide class action” because the asserted laws in each state are different. The court allowed the plaintiff’s New York fraud claims to continue.