Ninth Circuit Reverses Lower Court Decision On Trans Fat Labeling Class Action

On October 4, 2018, the United States Court of Appeals for the Ninth Circuit reversed the lower court’s ruling in Hawkins v. The Kroger Company, No. 3:15-cv-02320, holding that a “0g Trans Fat” claim on the front of a food label could be misleading to a reasonable consumer when the food contains even a nominal amount of trans fat. The Court found that the “rounding rules” that allow a manufacture to round down the amount of trans fat to “0” on the Nutrition Facts panel do not apply to trans fat claims made on the face of the label. In reversing the district court, the Ninth Circuit reemphasized its holding in Reid v. Johnson & Johnson that “a requirement to state certain facts in the nutrition label is not a license to make that statement elsewhere on the product.”

For more information on the Hawkins case, please click here.

Disclaimer: The foregoing in no way constitutes legal advice from any attorney or from Faruqi & Faruqi, LLP. The opinions expressed herein are the opinions of attorney Ben Heikali and in no way reflect the opinions of Faruqi & Faruqi, LLP.

About Faruqi & Faruqi, LLP

Faruqi & Faruqi focuses on complex civil litigation, including:  securities, antitrust, employment, and consumer class actions. The firm is headquartered in New York, and maintains offices in Delaware, Pennsylvania, Georgia and California. Since its founding in 1995, Faruqi & Faruqi continues to serve as lead or co-lead counsel in high-profile cases that ultimately provide significant recoveries to investors, consumers and employees.

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About Ben Heikali

Ben Heikali is a Partner in Faruqi & Faruqi, LLP’s Los Angeles office. Mr. Heikali focuses his practice on consumer class actions, representing plaintiffs in a variety of consumer fraud and false advertising cases. Please feel free to contact Mr. Heikali regarding any questions concerning this blog post or any questions related to Faruqi & Faruqi, LLP’s practice areas.

Posted by Ben Heikali

Partner at Faruqi & Faruqi, LLP
California Office
Tel: (424) 256-2884
Fax: (424) 256-2885

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