9th Circ. Won't Reconsider Revival Of Gerber Case

Law360, New York (December 29, 2008, 12:00 AM EST) -- An appeals court has refused to reconsider a decision that revived a proposed class action alleging baby-food giant Gerber Products Co. misleadingly labeled its fruit juice snacks as healthy products.

In an order Dec. 22, the U.S. Court of Appeals for the Ninth Circuit refused Gerber's request to have its case reheard en banc. “Future petitions for panel rehearing and future petitions for rehearing en banc will not be entertained,” the order said.

In April, a three-judge panel of the court said that the packaging of...
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