The Return Of Evaporated Cane Juice Class Action Claims

Law360, New York (September 16, 2016, 2:11 PM EDT) -- Earlier this year, we discussed the Ninth Circuit's decision staying a consumer class action against Chobani challenging its listing of "evaporated cane juice" as an ingredient on its yogurt labels. According to the plaintiffs in that case, "evaporated cane juice" was simply code for sugar, and Chobani therefore allegedly misled them about the healthiness of its products.

The Ninth Circuit reasoned that a stay was necessary on primary jurisdiction grounds in order to allow the U.S. Food and Drug Administration time to complete its review of draft guidance on the use of the term. This decision was viewed as a temporary...

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