Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss cases over labeling claims where no reasonable consumer could plausibly be misled. As the Ninth Circuit put it, “a reasonable consumer does not check [their] common sense at the door of the store.” Weiss v. Trader Joe’s, 838 F. App’x 302, 303 (9th Cir. 2021)….
By: Perkins Coie