Mary Beth Montera v. Premier Nutrition Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARY BETH MONTERA, Nos. 22-16375 individually and on behalf of all others 22-16622 similarly situated, D.C. No. 3:16-cv- Plaintiff-Appellant / 06980-RS Cross-Appellee,

v. OPINION

PREMIER NUTRITION

CORPORATION, FKA Joint Juice, Inc.,

Defendant-Appellee / Cross-Appellant.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Argued and Submitted February 14, 2024 San Francisco, California

Filed August 6, 2024 Before: Sidney R. Thomas, David F. Hamilton, * and Morgan Christen, Circuit Judges.

Opinion by Judge Christen

SUMMARY **

Consumer Class Action / Product Labels

The panel affirmed in part, reversed in part, and vacated and remanded in part the district court’s judgment following a jury trial and award of statutory damages in a consumer class action alleging that Premier Nutrition Corporation engaged in deceptive conduct and false advertising in violation of New York law based on representations made on the packaging of Joint Juice,…