Chavez v. Nestlé USA, Inc. (Ninth Circuit)

Plaintiffs filed suit against Nestlé under California’s false advertising and unfair competition laws, alleging that the labeling of certain Juicy Juice brand beverages (which are sold by Nestlé) was deceptive.  The district court concluded that plaintiffs failed to allege the existence of any false statements on the Juicy Juice labels, and in the alternative, that the FDA had primary jurisdiction over certain of plaintiffs’ claims. The court thus dismissed all of plaintiffs’ claims. We represented Nestlé on appeal before the U.S. Court of Appeals for the Ninth Circuit, and successfully defended the district court’s dismissal of several of plaintiffs’ claims.