Irritable Bowel Syndrome Message Boards | Rocamojo, SoyCoffee.com Heading Toward Settlement

A settlement in a class action lawsuit against Los Angeles-based Rocamojo for deceptive nutritional content labeling and advertising could soon materialize, says the attorney for SoyCoffee.com

The class action suit, filed in March, foumd SoyCoffee.com- the makers of Soyfee and the lead plaintiff-asking for injunctive relief, costs, and attorney's fees to stop Rocamojo's deceptive nutritional content labeling and advertising. Both companies offer a soy coffee beverage.

"They (have agreed to) pull down the health nutrition claims, they have changed their label (and website) so it is in line with all the competing products out there that are made with roasted soybeans-essentially 1 g of protein instead of 13 g as they claimed," said Eric J.Schindler, SoyCoffee.com's attorney.

Schindler said the new label used for Rocamojo products don't look much different than other coffee alternatives or soybean substitutes."All it is, is roasted ground soybeans."

Rocamojo president Michael Moss dismissed Schindler's report, saying the company made the changes on its own accord months ago.

"We've made a change in the direction of our company as far as appealing to a broader consumer base," he said. "We found after three years of promoting protein and fiber we were not connecting with enough of the potential customers because people don't turn to a coffee alternative for fiber and protein, but for flavor and reduced acidity."

Mos said Soyfee's case is, "completely irrelevant to any of that, and came after the (legal) process was well-documented from having started."

Schindler said SoyCoffee.com is on the process of negotiating a settlement with Rocamojo to discuss how to compensate anyone who bought Rocamojo over the last four years based on those health claims. The suit is retroactive to four years of the filing date.

Moss had no comment on a potential settlement.

"I'd hope Mr. Schindler would keep our settlement comments confidential," Moss said, adding, "I think any discussion of the settlement through the press is premature at this time and is unusual when both parties want to have a trusted and confidential discussion."

Schindler and Moss both said a settlement conference was scheduled for the end of August. Details of an outcome were not available at press time.

(Source - September 2005 Organic Products Retailer)

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