9th Circ. Won't Revive False Ad Suit Over 'Natural' Chicken

Law360 (March 31, 2021, 7:05 PM EDT) -- The Ninth Circuit has refused to revive two nonprofits' suit alleging that Sanderson Farms Inc.'s chicken is falsely labeled as "100% natural," ruling Wednesday that the groups haven't shown that they diverted any resources to address the purported false advertising.

The Center for Food Safety and Friends of the Earth had claimed that Sanderson's chicken is misleadingly labeled and advertised as all "natural" when it actually contains antibiotics. A California federal judge threw out the case in August 2019, ruling that the nonprofits' own testimony revealed that they would've advocated against the antibiotics even if Sanderson had never aired the advertisements...

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