Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling

On June 4, 2021, the U. S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative state law consumer class action claiming that chicken products marketed by Trade Joe’s were mislabeled.  Webb v. Trader Joe’s Co., ___ F.3d ___,  No. 19-56389 (9th Cir. June 4, 2021).  The labels stated that the products contained “[u]p to 5% retained water,” but plaintiff claimed that an independent laboratory test showed that the products “contained on average, 9% Retained Water.”  Slip op. at 5.  The Ninth Circuit affirmed the district court’s ruling that all of plaintiff’s claims were pre-empted by the federal Poultry Products Inspection Act (PPIA), 21 U.S.C. § 467e. Continue reading “Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling”