“Et tu, Bruton?”: Ninth Circuit Revives Baby-Food Labeling Class Action, Broadens UCL Liability

April 24, 2017

Last week, the Ninth Circuit revived a class action against Gerber alleging “that labels on [its] baby food products included claims about nutrient and sugar content that were impermissible under [FDA] regulations.”  Natalia Bruton v. Gerber Products Co., No. 15-15174 (9th Cir. April 19, 2017).  In so doing, the Ninth Circuit made it easier for plaintiffs to pursue claims under the “unlawful” prong of California’s Unfair Competition Law (UCL); endorsed a novel and troubling theory of deception under the UCL’s “fraudulent” prong; and lowered the evidentiary burden for plaintiffs pursuing false-advertising claims under California law.

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