Litigation
Mar. 30, 2016
Reining in food labeling litigation
In a recent case the 9th Circuit applied a rigorous Rule 12(b)(6) plausibility standard to dispose of a putative labeling and packaging class action. By Matthew Borden, Andrew Levine and Katharine Bryant
In Ebner v. Fresh Inc., 2016 DJDAR 2555 (March 17, 2016), the 9th U.S. Circuit Court of Appeals applied a rigorous Rule 12(b)(6) plausibility standard to dispose of a putative labeling and packaging class action. To date, many district courts have allowed such cases to proceed past the pleading stage. This has resulted in a deluge of labeling class actions against food and consumer pro...
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