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MARENTETTE v. ABBOTT LABORATORIES, INC.

Docket No. 17-62-cv August Term, 2017.

886 F.3d 112 (2018)

Sara MARENTETTE, Matthew O'Neil Nighswander, Ellen Steinlien, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ABBOTT LABORATORIES, INC., Defendant-Appellee,

United States Court of Appeals, Second Circuit.

Decided: March 23, 2018.

Attorney(s) appearing for the Case

YVETTE GOLAN , The Golan Firm, Washington, DC ( D. Greg Blankinship , Todd Seth Garber , Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains, NY; Kim Richman , The Richman Law Group, Brooklyn, NY, on the brief), for Plaintiffs-Appellants Sara Marentette, Matthew O'Neil Nighswander, and Ellen Steinlien.

SCOTT GLAUBERMAN ( Shawn J. Gebhardt , on the brief), Winston & Strawn LLP, Chicago, IL, for Defendant-Appellee Abbott Laboratories, Inc.

Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern , Joshua M. Salzman , United States Department of Justice; Carrie F. Ricci , Mai P. Dinh , United States Department of Agriculture, for Amicus Curiae United States Department of Agriculture, in support of neither party.

Before: Pooler and Lynch, Circuit Judges, and Cogan, District Judge.

Three parent consumers ("Parents") filed a putative class-action complaint against Abbott Laboratories, Inc., alleging that Abbott violated New York and California statutes and common law by advertising and selling Similac infant formula branded as organic and bearing the "USDA Organic" seal when the formula contained ingredients...

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