PIM Brands Inc. told a federal court that a consumer’s lawsuit alleging Welch’s Fruit ‘n Yogurt Snacks mislead buyers because the snack’s coating is made from yogurt powder should get dismissed because the claims are preempted and implausible.
The US Food and Drug Administration has expressly authorized manufacturers to call non-standardized foods like yogurt-coated cereal to be called “yogurt” when the product uses the powder form, PIM argued in its motion to dismiss filed Monday in the US District Court for the Western District of New York.
The consumer’s claims also fail the reasonable consumer standard because such buyers don’t …
