Kind Bar Consumers Can’t Revive ‘All Natural’ Label Class Action (2024)

Consumers alleging that an “All Natural” label on 39 Kind LLC products was deceptive because the products contained synthetic ingredients failed to revive their proposed class action, after a federal appeals court on Thursday affirmed summary judgment to the company.

The US Court of Appeals for the Second Circuit said the lower court properly excluded the consumers’ expert testimony. The experts used leading questions in a consumer survey and failed to establish how consumers understand the meaning of “natural.”

Without the expert testimony, the plaintiffs failed to create a triable issue of fact over whether a reasonable consumer would be ...