Rebecca Bari Johns

• Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024), affirming In re: Kind LLC “Healthy and All Natural” Litigation, 627 F. Supp. 3d 269 (S.D.N.Y. 2022). In a precedential decision following nine years of litigation, the Second Circuit affirmed summary judgment and striking of plaintiffs’ “natural” and consumer behavior experts in false advertising action challenging healthy, natural and non-GMO statements on the labels of snack products.
• Husain v. Campbell Soup Company, -- F. Supp. 3d --, 2024 WL 4011959 (N.D. Cal. Sept. 2, 2024). Motion to dismiss consumer class action complaint granted with prejudice in case challenging Kettle Brand Air Fried as being deceptively advertised as not made via deep frying in oil.
• Tyrnauer v. Ben & Jerry's Homemade, Inc., --- F.Supp.3d ---, 2024 WL 3346840 (D. Vt. July 8, 2024). Motion to dismiss granted re nationwide consumer class action complaint alleging false advertising regarding allegations of migrant child labor in dairy farms in Vermont.
• Kamara v. Pepperidge Farm, Inc., -- F. Supp. 4th --, 2021 WL 5234882 (S.D.N.Y. Nov. 9, 2021). Achieved a complete victory for Pepperidge Farm in a putative nationwide consumer class action under New York consumer protection law. The complaint alleged that Pepperidge’s Golden Butter Crackers misled consumers into believing that the product does not include oil. In a 2021 published decision dismissing the complaint with prejudice, the court clarified the principle that false advertising claims must be assessed in context. The court also assessed the plausibility of the complaint’s theory of deception against recent Second (Mantikas) and Seventh (Bell) Circuit precedents, and found the complaint deficient. See also Floyd v. Pepperidge Farm, Incorporated, -- F. Supp. 3d --, 2022 WL 203071 (S.D. Ill. Jan, 24, 2022).
• Porath v. Logitech, Inc., 2019 WL 6134936 (N.D. Cal. Nov. 18, 2019). Certification denied in consumer class action challenging labeling and advertising of electronics product.
• Parker v. Logitech, Inc., 2017 WL 4701044 (Cal. Super., Alameda County Oct. 18, 2017). Certification denied in consumer class action challenging labeling and advertising of electronics product.
• Ibarrola v. KIND LLC, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory in the Northern District of Illinois when court dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a “No Refined Sugars” statement on the label of snack foods. The court granted KIND’s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception.
• Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestlé Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff’s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendment.
• Workman v. Plum PBC, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer.

Rebecca Johns helps clients protect their brands and manage litigation risk in complex disputes involving food, beverage, dietary supplement, pet food, and other consumer products. Rebecca develops practical defense strategies aimed at reducing exposure, resolving false advertising and consumer protection claims, and aligning litigation outcomes with business goals.

Rebecca works with companies facing litigation that can affect brand value, consumer trust, and business operations. Rebecca’s recent work focuses on defending false advertising, labeling, Lanham Act, and other consumer protection claims, including disputes involving alleged contaminants, “natural” claims, nutrition and health claims, slack-fill, sustainability, green, and ESG claims.

Rebecca helps clients assess risk early, develop efficient defense strategies, and position cases for practical outcomes—whether that means narrowing claims, reducing exposure, challenging class certification, managing discovery, working with experts, or pursuing other resolutions aligned with business objectives. Rebecca brings particular experience in disputes involving FDA- and USDA-regulated products, where litigation often overlaps with complex labeling, advertising, and regulatory issues.

Clients rely on Rebecca for clear, business-minded guidance in high-pressure matters. Rebecca helps companies understand litigation threats, evaluate defenses, and respond in a way that protects both the immediate case strategy and the broader commercial interests at stake. Rebecca’s experience also extends to complex disputes in the pet food, consumer electronics, and technology sectors, giving her a practical perspective on how consumer-facing claims can affect highly regulated and brand-sensitive industries.