Gerber Urges Court To Toss Baby Food Mislabeling Suit

Law360, New York (September 4, 2012, 1:44 PM EDT) -- Gerber Products Co. and parent company Nestle USA Inc. asked a California federal court on Friday to throw out a putative class action accusing the companies of misbranding baby food, arguing that the claims are preempted by federal law and that the plaintiff could not show sufficient injury.

Plaintiff Natalia Bruton lodged the suit in May claiming that Gerber broke U.S. Food and Drug Administration rules by misleading customers with improper nutritional claims, but Gerber said in Friday's motion to dismiss that Bruton cannot use state...
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Case Title

Bruton v. Gerber Products Company et al


Case Number

5:12-cv-02412

Court

California Northern

Nature of Suit

Other Statutory Actions

Judge

Lucy H. Koh

Date Filed

May 11, 2012

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