Post’s 1st Amend. Defense In Cereal Row Fails To Sway Judge

Law360, San Francisco (January 10, 2018, 10:21 PM EST) -- A California federal judge Wednesday said he would likely trim some claims from a proposed class action alleging the labeling on 34 varieties of Post cereal misrepresents the products’ health benefits, but seemed unconvinced by Post’s argument that all the assertions on its labels are protected by the First Amendment.

Post had argued in its motion to dismiss that the various health claims on its labels were true, and so the plaintiffs couldn’t use consumer protection claims to stifle the company’s free speech.

At the San Francisco hearing Wednesday, Post attorney Aaron Van Oort of Faegre Baker Daniels LLP said most...

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