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Williams v. Gerber Products Co.

United States Court of Appeals for the Ninth Circuit

552 F.3d 934 (2008)

Relevant factsFree

Gerber (defendant) sold Fruit Juice Snacks in packaging that pictured various fruits and described the product as made with real fruit juice and other all natural ingredients, nutritious, and naturally flavored. Parents of small children (plaintiffs) brought a class action under California's Unfair Competition Law and Consumer Legal Remedies Act, alleging the packaging was misleading. The district court dismissed, holding no reasonable consumer could be misled because the ingredients were accurately listed on the back. The plaintiffs appealed.

IssueFree

Whether a court may decide the question of a product's deceptiveness under California consumer-protection law by reference to the packaging alone on a motion to dismiss.

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