Allen
Allen v. ConAgra Foods, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERIN ALLEN, et al., Case No. 3:13-cv-01279-WHO
Plaintiffs, ORDER GRANTING CONAGRA’S
MOTION FOR SUMMARY
v. JUDGMENT
CONAGRA FOODS, INC., Re: Dkt. Nos. 295, 296, 297, 298, 299, 301, Defendant. 303, 312, 313, 320
12 The plaintiff classes seek to hold defendant Conagra Brands, Inc., f/k/a ConAgra Foods Inc. liable under state law for the allegedly false and misleading label of Parkay Spray, which they say uses artificially small serving sizes in order to disguise the true fat and calorie content. Now before me are motions for summary judgment and motions to exclude expert testimony. I will grant Conagra’s motion for summary judgment because there are no material disputes of fact preventing a judgment that the plaintiffs’ claims are preempted. On this record, it is not possible to conclude that Parkay Spray belongs in the butter, margarine, oil, and shortening reference amount category under the federal…