Carving A Path Around 9th Circ.’s Gerber Decision

Law360, New York (November 7, 2013, 4:00 PM EST) -- Lawsuits attacking consumer products that claim to be “all natural” are not new in California. Indeed, they have flourished since a decision by the Ninth Circuit (Williams v. Gerber) five years ago made it more difficult for parties seeking to dismiss class actions based on label claims. The tide may finally be turning.

Recently, two district courts in California have dismissed putative class actions challenging “all natural” claims on popular consumer products. In so doing, they provided a possible path forward for defeating other similar class...
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