Silber v. Barbara's Bakery

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice

, New York Law Journal

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Judge William Kuntz

Defendant Barbara's Bakery Inc. sells cereal and snack products under the Puffins brand name. On behalf of themselves and a purported class of consumers of defendant's products nationwide, plaintiffs Silber and Moro sought a preliminary injunction—under Federal Rule of Civil Procedure 65—barring defendant's advertisement of its products as "All Natural." Alternatively, they sought to bar Barbara's Bakery's manufacture and distribution of products containing genetically modified corn and "synthetic" ingredients while marketing its products as "All Natural." Finding that plaintiffs failed to make the required showing of irreparable injury, district court denied them a preliminary injunction. Plaintiffs' unreasonable delay of nearly five months between filing their complaints and seeking preliminary injunction undermined their motion's alleged urgency. Plaintiffs also waited some 18 months after being put on notice after a key October 2011 study by the nonprofit Cornucopia Institute "went viral on the web." Further, plaintiffs conceded that monetary damages were available and could compensate consumers who paid a premium for defendant's products. That concession also undermined plaintiffs' assertion of irreparable injury.

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