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SIMPSON v. THE KROGER CORP.

No. B242405.

219 Cal.App.4th 1352 (2013)

162 Cal. Rptr. 3d 652

MARY L. SIMPSON, Plaintiff and Appellant, v. THE KROGER CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

September 25, 2013.

Attorney(s) appearing for the Case

Morris Polich & Purdy, Jens B. Koepke and David J. Vendler for Plaintiff and Appellant.

Kelley Drye & Warren, Keri E. Campbell , Sarah L. Cronin , Kenneth D. Kronstadt , Sarah Roller and Donnelly McDowell for Defendants and Respondents.

OPINION

EPSTEIN, P. J. —

The issue in this case is whether products produced by defendant Challenge Dairy Products, Inc., and sold by defendant The Kroger Corporation in its supermarkets, which combine butter with canola oil or olive oil, are mislabeled under state and federal law. In her opening brief, plaintiff Mary L. Simpson claims the products are not "butter" and that they were mislabeled in...

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