Robert Cohen v. Conagra Brands, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT COHEN, a consumer, on No. 20-55969 behalf of himself and all others similarly situated, D.C. No. Plaintiff-Appellant, 8:20-cv-00637-

DOC-ADS

v.

CONAGRA BRANDS, INC., a Delaware OPINION corporation, Defendant-Appellee.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted September 3, 2021 Pasadena, California

Filed October 26, 2021

Before: Mark J. Bennett and Ryan D. Nelson, Circuit Judges, and David A. Ezra, * District Judge.

Opinion by Judge Bennett

* The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. SUMMARY **

Product Labels / Preemption

The panel affirmed in part and reversed in part the district court’s dismissal of a plaintiff’s putative consumer class action alleging that ConAgra Brands, Inc. falsely advertised its frozen chicken products as natural and preservative-free, when in fact they contained synthetic ingredients.

The…