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DAVIDSON v. SPROUT FOODS, INC.

No. 22-16656.

106 F.4th 842 (2024)

Gillian DAVIDSON; Samuel Davidson, as individuals, on behalf of themselves, the general public, and those similarly situated, Plaintiffs-Appellants, v. SPROUT FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2024.

Attorney(s) appearing for the Case

Matthew T. McCrary (argued), Gutride Safier LLP, Boulder, Colorado; Seth A. Safier, Gutride Safier LLP, San Francisco, California; for Plaintiff-Appellant.

Chad R. Fears (argued), Joshua D. Cools, Haley E. LaMorte, Evans Fears Schuttert McNulty & Mickus LLP, Las Vegas, Nevada; Elizabeth V. McNulty and Joshua D. Cools, Evans Fears Schuttert McNulty & Mickus LLP, Irvine, California; for Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Collins.

OPINION

INTRODUCTION

California's analog to the federal Food Drug and Cosmetic Act (FDCA) is known as the Sherman Law. It incorporates by reference all federal food labeling standards. These include a prohibition against labeling the front of baby food containers with the product's nutrient content....

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