Williams v. Gerber Products Co., 552 F.3d 934 (9th Cir., 2008)

Harold Marion Hewell

Case Conclusion Date:December 22, 2008

Practice Area:Advertising

Outcome:Remanded back to U.S. District Court, settled.

Description:The U.S. Court of Appeals for the Ninth Circuit issued a decision in our favor, stating that: "We disagree with the district court that reasonable consumers should be expected to look beyond misleading representations on the front of the box to discover the truth from the ingredient list in small print on the side of the box. ...We do not think that the [U.S. Food and Drug Administration] requires an ingredient list so that manufacturers can mislead consumers and then rely on the ingredient list to correct those misinterpretations and provide a shield for liability for the deception." Williams, 552 F.3d at 939-40.