‘Dave’s Killer Bread’ Protein Lawsuit Proceeds in Ill. Federal Court

CHICAGO — An Illinois federal judge has allowed a putative class action to proceed in which Dave’s Killer Bread is accused of misrepresenting the amount of protein in its bread products, ruling that at this stage in the case, the claims are not impliedly preempted by the Food, Drug and Cosmetic Act because “they are grounded in traditional state law principles of liability.”

However, in the Jan. 10 order, Judge Sunil Harjani of the U.S. District Court for the Northern District of Illinois dismissed the plaintiffs’ claim for injunctive relief without prejudice, ruling that they lack Article III standing because …