Renewed Dismissal Motion Denied In Lemon Biscotti Labeling Class Suit

Mealey's (May 23, 2023, 11:40 AM EDT) -- WHITE PLAINS, N.Y. — The maker of lemon biscotti that a New York consumer alleges misleads customers as to the source of the flavoring must answer a first amended complaint after a federal judge in New York denied a renewed motion to dismiss, finding that the defendant failed to show that the amount in controversy for the remaining claims alleging violations of two sections of New York General Business Law did not meet the Class Action Fairness Act’s (CAFA) $5 million threshold....