WILLIAMS EX REL. TABIU v. GERBER PRODUCTS CO.

No. 06-55921.

523 F.3d 934 (2008)

Nakia WILLIAMS, individually and on behalf of all others similarly situated; Rita TABIU, Plaintiffs-Appellants, v. GERBER PRODUCTS COMPANY, a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2008.


Attorney(s) appearing for the Case

Harold M. Hewell, Hewell Law Firm, APC, San Diego, CA, for the plaintiffs-appellants.

Bryan Merryman, Francisco Cabada, White & Case LLP, Los Angeles, CA, for the defendant-appellee.

Before: HARRY PREGERSON, GLENN L. ARCHER, JR., and KIM McLANE WARDLAW, Circuit Judges.


PREGERSON, Circuit Judge:

Named class members Nakia Williams and Rita Tabiu ("Appellants"), parents of small children, brought a class action against Gerber Products Company ("Gerber"). An amended complaint alleged that Gerber deceptively marketed its "Fruit Juice Snacks" ("Snacks") a food product developed for toddlers. The district court granted Gerber's motion to dismiss under Rule 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291, and we reverse.

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