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That’s How We Roll Class Action Suit

Two months after a class action suit was filed, the plaintiff dismissed the case. David Scarola of Florida had issued a class action against That’s How We Roll, LLC, of Delaware. The suit alleged that the snack company, which makes Party’Tizers™ branded chips, knowingly and falsely marketed its products as “all-natural” in violation of consumer protection laws.

That’s How We Roll products include Dippin’ Chips, which are labeled as “uniquely designed” and made with “the finest all-natural ingredients.” These ingredients include white corn, corn oil, and toasted corn germ. According to the initial suit, all of these substances are manufactured in a way that deems them unnatural, synthetic, artificial, and/or genetically modified.

However, after the suit was filed, That’s How We Roll expressed to a Florida federal judge that the complaint should not be certified. One of their chief reasons was that Scarola’s attorney’s firm, The Law Offices of Howard W. Rubenstein PA, has been repeatedly suspended, and has filed over sixty nearly identical labeling lawsuits against food companies in California and Florida.

According to That’s How We Roll, the vagueness of the charges were also questionable. For example, the plaintiff did not define what he deemed “natural,” and what this might mean in light of the FDA’s determination that nearly all food is “genetically modified” to some degree, and that the term itself is misleading.

Additionally, That’s How We Roll contended the motion was filed with no evidence, no way to determine how damages could be proven, and no way to identify class action members. The complaint charged the plaintiff and his attorneys were not adequate.

On December 16, 2014, the final order was processed for David Scarola’s voluntary dismissal of the class action suit with prejudice, which means it is permanently shut once and for all.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

That’s How We Roll All-Natural Class Action Complaint

July 25, 2015

The complaint for this suit alleges that That's How We Roll, the snack company, which makes Party’Tizers™ brand chips, knowingly and falsely marketed its products as “all-natural” even though they contain corn, nearly all of which is now genetically modified.

thats_how_we_roll_class_action_complaint.pdf

Case Event History

That’s How We Roll All-Natural Class Action Complaint

July 25, 2015

The complaint for this suit alleges that That's How We Roll, the snack company, which makes Party’Tizers™ brand chips, knowingly and falsely marketed its products as “all-natural” even though they contain corn, nearly all of which is now genetically modified.

thats_how_we_roll_class_action_complaint.pdf
Tags: All Natural Claims, Deceptive Advertising, Deceptive Labels, GMO-Based Ingredients