DTO Law Defeats Class Action Lawsuit Filed Against Target Corporation at the Pleadings Stage

LOS ANGELES, Nov. 6, 2020 /PRNewswire/ — DTO Law, with offices in Los Angeles and San Francisco, has successfully secured dismissal of a false advertising class action filed against Target Corporation.

In Salazar v. Target Corporation, the plaintiff accused Target and Walmart of misleading consumers into believing its “White Baking Morsels” and “White Baking Chips,” respectively, are made with white chocolate, even though the word “chocolate” does not appear on the packages, in the product names, or in the ingredients. The plaintiff argued that the “advertising, marketing, labeling, and placement” of the white morsels led consumers to believe the product was indeed white chocolate.

William Delgado and Lauren Hudecki, the DTO lawyers representing Target Corporation, argued successfully that “no reasonable consumer could be misled by the labeling, packaging, or product placement to think that the products are made with white chocolate.” The ruling, published on September 1, 2020, sustained the demurrer without leave to amend. The order concludes by stating, “Plaintiff has had three opportunities to plead a cause of action against Walmart and four opportunities against Target. It is evident he cannot allege facts sufficient to constitute a cause of action against either defendant.” Plaintiff has filed a notice of appeal.

DTO Law launched in early 2019 with five attorneys but has swelled in size to fourteen attorneys. Certified as a minority-owned law firm, DTO recently won the National Association of Minority and Women Owned Law Firms’ (NAMWOLF’s) “Law Firm MVP award” and, also, was recently recognized by the Los Angeles and San Francisco Daily Journal as a “Top Boutique of 2020.” The firm represents Costco Wholesale Corporation, Google Inc., Honda North America, Live Nation, Morgan Stanley Smith Barney, The Nature’s Bounty Co., PayPal, Penske Media Corporation, Sprouts Farmers Market, Ticketmaster, Target, and Toyota, among others.

SOURCE DTO Law

View the Salazar v. Target Corporation announcement on the NAMWOLF website.