U.S. Court of Appeals for the 9th Circuit
Apr. 13, 2016
9th Circuit can fix food labeling split
Two irreconcilable lines of cases provide persuasive authority to both sides in hundreds of food cases. By Angela C. Agrusa and Nathan M. Davis
Angela C. Agrusa
Partner
DLA Piper LLP
Phone: (310) 500-3591
Email: angela.agrusa@dlapiper.com
Loyola Law School; Los Angeles CA
In Kane v. Chobani LLC, 14-15670 (March 24, 2016), the 9th U.S. Circuit Court of Appeals declined to address some important issues at the heart of consumer class actions targeting food and beverage labeling. At the center of the case is whether California's Unfair Competition Law requires a showing of consumer reliance. This question has plagued courts; the UCL's perceived permissiveness has gene...
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