Pom Doesn't Apply To Smucker False Ad Case, Judge Says

Law360, San Diego (March 26, 2013, 10:51 PM EDT) -- A California federal court on Monday narrowed a proposed class action alleging J.M. Smucker Co. is falsely marketing products containing hydrogenated oils as healthy, but declined to apply the Ninth Circuit’s Pom decision to dismiss the plaintiffs’ state false advertising claims, finding the analysis in the ruling was limited to resolving conflicts between federal laws.

U.S. District Judge George King threw out a host of allegations, including the plaintiffs' Ohio claims, in a case that accuses Smucker of misleading consumers by marketing its Uncrustables Sandwiches and...
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