Falcone

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 9 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIE FALCONE, individually and on No. 24-7707 behalf of all others similarly situated, D.C. No. 3:19-cv-00723-L-DEB Plaintiff - Appellee,

v. MEMORANDUM*

NESTLE USA, INC.,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted November 19, 2025 Pasadena, California

Before: CLIFTON, BYBEE, and DE ALBA, Circuit Judges. Dissent by Judge CLIFTON.

Appellant Nestlé USA, Inc. (“Nestlé”) challenges the district court’s order

certifying two state-based classes. Appellees allege that Nestlé used deceptive

package labeling, claiming its chocolate products were “sustainably” or

“responsibly” sourced, implying that they were produced free of child labor and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. deforestation. Namely, Appellees assert…