U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Food labeling case vacated and remanded pending FDA proceedings

March 24, 2016

The Ninth Circuit vacated and remanded the case to the district court with instructions to enter a stay, under the primary jurisdiction doctrine, pending the FDA’s completion of proceedings relating to the use of the terms “evaporated cane juice” and “natural” in food labeling.

U.S. Chamber files amicus brief

November 14, 2014

In its brief, the Chamber asked the Ninth Circuit to affirm the judgment of the district court which correctly held plaintiffs to Proposition 64’s requirements. Which plaintiffs have standing to bring Unfair Competition Law claims based on food labeling is becoming an increasingly important issue and the brief argues that the court should hold plaintiffs to Proposition 64’s requirement that they adequately plead actual, reasonable reliance on the challenged food label. Doing so should emphasize for California federal district courts that the only lawsuits that can proceed are those where plaintiffs have actually been harmed. The brief goes on to reason that the court should reject plaintiffs’ “illegal sale” theory and affirm the district court’s correct conclusion that plaintiffs alleging mislabeling claims must show actual reliance on the supposedly misleading label in order to have standing to pursue such assertions under the UCL.

Jeremy B. Rosen and Emily V. Cuatto of Horvitz & Levy LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center.

Case Documents