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COHEN v. CONAGRA BRANDS, INC.

No. 20-55969.

16 F.4th 1283 (2021)

Robert COHEN, a consumer, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. CONAGRA BRANDS, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2021.

Attorney(s) appearing for the Case

Gretchen Elsner (argued), Elsner Law & Policy LLC, Santa Fe, New Mexico; Marc L. Godino and Danielle L. Manning , Glancy Prongay & Murray LLP, Los Angeles, California; Kathleen Herkenhoff and Ian Pike , Haeggquist & Eck LLP, San Diego, California; for Plaintiff-Appellant.

Nowell Donald Berreth (argued) and Angela M. Spivey , Alston & Bird LLP, Atlanta, Georgia; Rachel E. K. Lowe , Alston & Bird LLP, Los Angeles, California; for Defendant-Appellee.

Robert W. George , Friday Eldredge & Clark LLP, Rogers, Arkansas; Joshua C. Ashley , Friday Eldredge & Clark LLP, Little Rock, Arkansas; for Amici Curiae Consumer Brands Association, North American Meat Institute, National Turkey Federation, National Chicken Council, National Pork Producers Council, American Association of Meat Processors, and American Frozen Food Institute.

Stephen Gardner , Law Office of Stephen Gardner, Bend, Oregon; John A. Yanchunis and Kenya J. Reddy , Morgan & Morgan Complex Litigation Group, Tampa, Florida; for Amici Curiae National Association of Consumer Advocates, Animal Legal Defense Fund, and Food & Water Watch Inc.

Before: MARK J. BENNETT and RYAN D. NELSON, Circuit Judges, and DAVID A. EZRA, District Judge.

OPINION

Robert Cohen brings state claims alleging that ConAgra Brands, Inc. ("ConAgra"), falsely advertises its frozen chicken products as natural and preservative-free, when in fact they contain synthetic ingredients. But poultry products and their labeling are strictly...

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